How to File a
Veterans Disability Claim
A veteran's disability claim is a critical component of his or her benefit application. Many veterans are eligible for tax-free income when their claims are accepted.
It's no secret that VA is behind in the process of processing claims for disability by veterans. A decision can take months or even years.
Aggravation
Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This kind of claim is known as an aggravated disability and can be either mental or physical. A competent VA lawyer can help the former soldier file an aggravated disability claim. A claimant must demonstrate via medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.
A physician 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 a doctor's statement the veteran will need to submit medical records as well as lay statements from family or friends who can attest to the seriousness of their pre-service ailments.
In a veterans disability claim, it is important to be aware that the condition being aggravated has to be distinct from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony in order to prove that their original condition wasn't simply aggravated due to military service but that it was more severe than it would have been had the aggravating factor weren't present.
VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has caused confusion and disagreement in the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.
Service-Connected Terms
To be eligible for benefits, a veteran must prove that his or her health or disability was caused by service. This is known as showing "service connection." For certain diseases, such as Ischemic heart disease and other cardiovascular diseases that develop as a result of specific service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military to prove their condition with a specific incident that took place during their time in service.
A preexisting medical condition could also be service-connected in the event that it was aggravated by active duty and not by natural progress of the disease. The most effective method to establish this is by submitting the doctor's opinion that the ailment was due to service and not just the normal progress of the condition.
Certain injuries and illnesses can be presumed to be caused or aggravated by treatment. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean
veterans disability attorneys and radiation exposure in Prisoners of war, and other Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been resulted or aggravated by military service. These include AL amyloidosis or chloracne, other acne-related diseases and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive diseases.
Appeal
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to submit this form on your behalf, but if they do not, you are able to file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and you would like a higher-level review of your case.
There are two options to request higher-level review. Both options should be considered carefully. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will perform a de novo (no consideration of previous decisions) review and either reverse the earlier decision or uphold the decision. You may or not be able to submit new evidence. You may also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is essential to discuss all of these issues with your VA-accredited lawyer. They'll have experience in this area and will know what is the most appropriate option for your specific case. They are also aware of the difficulties faced by disabled veterans and can be an effective advocate on your behalf.
Time Limits
If you suffer from a condition that was acquired or worsened during military service, then you can file a claim and receive compensation. You'll have 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 receive a decision.
There are a variety of factors that can affect how long the VA takes to make an assessment of your claim. The amount of evidence you provide will play a significant role in how quickly your application is evaluated. The location of the field office that handles your claim will also impact how long it will take for the VA to review your claim.
The frequency you check in with the VA regarding the status of your claim can influence the time it takes to complete the process. You can accelerate the process by submitting all evidence as quickly as you can, and providing specific information regarding the medical care facility you use, as well as providing any requested information.
If you think there was an error in the decision on your disability, you can request a higher-level review. You'll have to submit all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the original decision. This review doesn't contain any new evidence.