How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims accepted receive additional income each month which is tax-free.

It's no secret that the VA is a long way behind in the process of processing disability claims for veterans. The process can take months or even years.

Aggravation

A veteran might be able to receive disability compensation for a condition made worse by their military service. This type of claim could be physical or mental. A competent VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to a doctor's report, the veteran will also be required to provide medical records as well as lay statements from friends or family members who are able to confirm the severity of their pre-service condition.

It is important to note in a claim for a disability benefit for veterans that the condition being aggravated has to be different from the original disability rating. A disability lawyer can guide the former soldier on how they can provide enough medical evidence and testimony to prove that their original condition was not only caused through military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue VA is proposing to change the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and controversies in the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Service-Connected Conditions

To qualify for benefits, veterans must show that the impairment or illness was caused by service. This is known as "service connection." For some diseases, such as ischemic heart disease or other cardiovascular diseases that develop as a result of Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD veterans are required to provide the evidence of laypeople or people who were close to them in the military, in order to connect their illness to a specific incident that occurred during their time in service.

A preexisting medical problem could be a result of service when it was made worse by their active duty service and not by natural progress of the disease. The best way to prove this is by providing the opinion of a doctor that the ailment was due to service and not just the normal progression of the disease.

Certain injuries and illnesses are believed to be caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be caused or worsened by military service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeals

The VA has a procedure to appeal their decision on whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to do it on your own. This form is used by the VA to inform them that you disagree with their decision and would like a more thorough review of your case.

There are two routes to a more thorough review that you must carefully consider. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will perform an in-person (no review of previous decisions) review and either reverse the earlier decision or ivimall.com confirm it. You may or not be able to present new evidence. The other path is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these aspects with your VA-accredited lawyer. They're experienced in this area and will know what makes the most sense for your specific case. They also know the issues that disabled veterans face and can be a stronger advocate on your behalf.

Time Limits

You can seek compensation if you have an illness that you developed or worsened during your time in the military. It is important to be patient while the VA examines and decides on your application. It could take up 180 days after the claim has been submitted before you get an answer.

Many factors influence the time it takes for VA to determine your claim. The amount of evidence that you submit will play a big role in the speed at which your claim is considered. The location of the VA field office who will review your claim can also impact how long it takes.

Another aspect that could affect the time it takes your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can help accelerate the process by submitting your evidence as soon as possible, being specific in your information regarding the addresses of the medical facilities you use, and submitting any requested information as soon as it is available.

If you believe that there has been a mistake in the decision made regarding your disability, you are able to request a higher-level review. You must submit all the facts of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. But, this review will not include any new evidence.