How to File a Veterans Disability Claim
A veteran's disability claim is an important part of their benefit application. Many
veterans disability attorneys who have their claims approved receive a monthly income that is tax-free.
It's not a secret that the VA is way behind in processing disability claims for veterans. The process can take months or even years.
Aggravation
A veteran may be able to receive compensation for disability due to a condition caused by their military service. This type of claim could be either mental or physical. A VA lawyer who is certified can help an ex-military member make an aggravated disability claim. A claimant needs to prove by proving medical evidence or independent opinions that their condition prior to service was made worse by active duty.
Typically the most effective way to prove that a pre-service issue was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's report, the veteran must also submit medical records and the lay statements of family or friends who can attest to their pre-service condition.
It is essential to note when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the initial disability rating. A disability lawyer can help former service members provide the necessary medical evidence and witness to show that their initial condition wasn't just aggravated due to military service, but was also more severe than what it would have been if the aggravating factor hadn't been present.
In order to address this issue VA is proposing to align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and debate during the process of filing claims. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.
Conditions that are associated with Service
To qualify for benefits, veterans must prove his or her condition or disability was caused by service. This is known as showing "service connection." For certain ailments, like Ischemic heart disease and other cardiovascular diseases that develop because of service-connected amputations, service connection is automatically granted. Veterans with other conditions like PTSD are required to provide witness testimony or lay evidence from people who were close to them during their time in service to connect their condition to an specific incident that occurred during their time in the military.
A pre-existing medical condition can also be service related when it was made worse by active duty and not as a natural progression of disease. The best method to prove this is to present an opinion from a doctor that states that the ailment was due to service and not just the normal progress of the condition.
Certain injuries and illnesses can be attributed to or aggravated because of treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by service. These include AL amyloidosis or chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these probable diseases.
Appeals
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to file this on your behalf however if not, you can do it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and would prefer a more thorough review of your case.
You have two options for an additional level review. Both options should be considered carefully. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will perform an in-person (no review is given to prior decisions) review and either reverse the earlier decision or uphold the decision. You may or not be able to present new evidence. The other option is to request an interview with a Veterans Law Judge from the Board of Veterans Disability Lawyer (
Users.Atw.Hu)' Appeals in Washington, D.C.
It is essential to discuss all of these issues with your lawyer who is accredited by the VA. They'll have expertise in this area and will know what is the most appropriate option for your specific case. They are also well-versed in the difficulties that disabled veterans face and can be more effective advocates for you.
Time Limits
If you suffer from a physical or mental impairment that was acquired or worsened during military service, you could file a claim in order to receive compensation. It is important to be patient while the VA examines and decides on your claim. It may take up to 180 days after the claim has been filed before you get an answer.
There are many variables which can impact the length of time the VA takes to make an decision on your claim. The amount of evidence submitted is a significant factor in the speed at which your application is reviewed. The location of the field office responsible for your claim can also influence how long it takes for the VA to review your claim.
How often you check in with the VA to see the status of your claim can affect the length of time it takes to process. You can help accelerate the process by submitting proof promptly by being specific with your address details for the medical care facilities that you use, and sending any requested information when it becomes available.
You could request a higher-level review if you believe that the decision you were given regarding your disability was incorrect. This involves submitting all existing facts in your case to an expert reviewer who can determine whether there was an error in the original decision. The review doesn't include any new evidence.