How to File a Veterans Disability Claim
A veteran's disability claim is an important element of their benefit application. Many veterans who have their claims accepted receive an additional monthly income that is tax-free.
It's not a secret that the VA is way behind in the process of processing disability claims made by veterans. It can take months, even years for a decision to be made.
Aggravation
A veteran might be able to receive compensation for disability due to an illness that was made worse by their military service. This type of claim is referred to as an aggravated impairment and can be mental or physical. A VA lawyer who is certified can assist an ex-military personnel make an aggravated disability claim. A claimant needs to prove, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.
A doctor who is an expert on the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to the doctor's statement the veteran is required to submit medical records as well as statements from relatives or friends who attest to their pre-service condition.
It is crucial to remember when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the initial disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony to show that their initial condition wasn't merely aggravated by military service, but that it was more severe than what it would have been had the aggravating factor hadn't been present.
In order to address this issue VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and controversies regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.
Service-Connected Terms
To be eligible for benefits
veterans disability law firms must prove his or her disability or illness was caused by service. This is known as showing "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that arise due to specific Amputations that are connected to service, the service connection is granted automatically.
Veterans Disability Lawyer with other conditions like PTSD are required to provide the evidence of lay witnesses or from those who were their friends during their service to establish a connection between their condition with a specific incident that occurred during their time in the military.
A pre-existing medical issue can be a result of service in the case that it was aggravated by active duty and not just the natural progression of disease. The most effective method to prove this is to present a doctor's opinion that states that the aggravation was due to service and not just the normal progress of the condition.
Certain injuries and illnesses may be presumed to be caused or aggravated due to service. 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. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.
Appeal
The VA has a system to appeal their decision to award or deny benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney will likely complete this for you, but if they do not, you can file it yourself. This form is used by the VA to let them know that you do not agree with their decision and would like a more thorough review of your case.
There are two options for a more thorough review. Both options should be considered carefully. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either reverse the earlier decision or maintain the decision. You may or not be allowed to submit new evidence. The other path is to request a hearing with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss these aspects with your lawyer who is accredited by the VA. They will have experience in this field and know what is the most appropriate option for your particular situation. They also know the challenges faced by disabled
veterans disability lawsuits and can be more effective advocates for you.
Time Limits
You can apply for compensation if you suffer from an illness that you developed or worsened while serving in the military. But you'll need to be patient with the VA's process for taking a look at and deciding on the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before you receive an answer.
There are many factors which can impact the length of time the VA will take to make an informed decision on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence you submit. The location of the field office responsible for your claim also influences how long it will take for the VA to review your claims.
Another factor that could affect the time required for your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process of filing a claim by sending all documentation as quickly as you can, and providing specific information about the medical facility you use, as well as sending any requested details.
You can request a higher level review if you believe that the decision made on your disability was not correct. This involves submitting all existing facts in your case to an experienced reviewer who will determine whether there was an error in the original decision. But, this review will not include any new evidence.