How to File a Veterans Disability Claim
A veteran's disability claim is an important component of his or her benefit application. Many veterans who have their claims approved receive an additional monthly income which is tax-free.
It's not secret that VA is behind in processing veteran disability claims. The process can take months or even years.
Aggravation
A veteran may be able to claim disability compensation for an illness that was made worse by their military service. This type of claim may be physical or mental. A licensed VA lawyer can assist the former service member to file an aggravated disability claim. A claimant must show by proving medical evidence or an independent opinion, that their medical condition prior to serving was made worse due to active duty.
A doctor who is an expert on the veteran's disability can provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to the doctor's statement the veteran must also provide medical records and lay statements from family or friends who attest to their pre-service condition.
In a
veterans disability claim, it is important to note that the aggravated condition must be distinct from the initial disability rating. A disability attorney can advise an ex-servicemember on how to provide the proper medical evidence and evidence to show that their condition was not only aggravated through military service, but actually worse than it would have been without the aggravating factor.
VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has led to confusion and disagreement during the process of filing claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.
Conditions that are associated with Service
In order for a veteran to be eligible for benefits, they must prove that their condition or illness is linked to service. This is known as showing "service connection." For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that manifest as a result of service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD veterans are required to provide lay evidence or testimony from those who knew them during the military to prove their condition with a specific incident that occurred during their service.
A pre-existing medical condition can be service-related in the event that it was aggravated by active duty, and not the natural progression of disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was due to service, not just the natural progression of the disease.
Certain injuries and illnesses can be believed to be caused or aggravated by service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as different Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or caused by military service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.
Appeals
The VA has a system to appeal their decision regarding whether or not to award benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer who is accredited by the VA does not take this step for the client, then you must do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.
There are two options to request an additional level review. Both should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no review is given to previous decisions) review and either reverse the earlier decision or confirm the decision. You could or might not be able to submit new evidence. The other path is to request a hearing before an Veterans Law Judge at the Board of
veterans disability lawyer' Appeals in Washington, D.C.
There are a variety of factors to consider when choosing the best route for your appeal, and it's important to discuss these options with your VA-accredited attorney. They have experience and know what's best for your case. They are also familiar with the difficulties that disabled veterans face which makes them an effective advocate for you.
Time Limits
If you suffer from a physical or mental impairment that was incurred or worsened during your military service, you could file a claim in order to receive compensation. However, you'll need to be patient during the process of considering and deciding about your claim. It may take up to 180 days after the claim has been filed before you receive an answer.
Many factors affect the time it takes for VA to decide on your claim. The speed at which your application will be considered is mostly determined by the volume of evidence you have submitted. The location of the VA field office who will review your claim can also impact the length of time it takes.
How often you check in with the VA on the status of your claim can influence the time it takes to process. You can accelerate the process by making sure to submit all evidence as swiftly as you can, and providing specific information about the medical care facility you use, and providing any requested information.
You may request a higher-level review if you believe that the decision you were given regarding your disability was incorrect. This involves submitting all the existing facts in your case to a senior reviewer who can determine if there was an error in the original decision. The review doesn't include any new evidence.