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How to File a Veterans Disability Claim

The claim of a disabled veteran is an important element of the application for benefits. Many veterans who have their claims approved receive an additional monthly income that is tax free.

It’s no secret that VA is behind in processing veteran disability claims. It can take months, even years, for a decision to be made.

Aggravation

A veteran may be able to receive compensation for disability due to the condition that was worsened by their military service. This type of claim is called an aggravated impairment and can be either mental or physical. A VA lawyer who is certified can assist a former military member make an aggravated disability claim. A claimant has to prove either through medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion proving the severity of the pre-service condition. In addition to the doctor’s opinion the veteran will be required to provide medical records and lay statements from family members or friends who can confirm the seriousness of their pre-service ailments.

In a claim for a disability benefit for veterans it is important to remember that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to show that their initial condition wasn’t simply aggravated by military service, however, it was much worse than what it would have been if the aggravating factor hadn’t been present.

VA proposes to change its two “aggravation standards” in its regulations, 38 CFR 3.306 & 3.310. The different wording in these regulations has led to confusion and controversies during the claims process. The inconsistent use of phrases such as “increased disability” and “any increased severity” are the main cause of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they must demonstrate that their illness or disability is related to their service. This is referred to as proving “service connection.” For certain diseases, such as Ischemic heart disease or other cardiovascular diseases that arise due to specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD veterans have to present witnesses or lay evidence from those who knew them during the military, in order to connect their illness to a specific incident that took place during their time in service.

A preexisting medical condition may be a result of service when it was made worse through active duty and not due to the natural progression of the disease. The most effective method to prove this is by providing the opinion of a doctor that the aggravation was due to service, and not the normal progression of the condition.

Certain ailments and Vimeo injuries can be presumed to be caused or aggravated by service. These are called “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 diseases and tropical diseases are thought to be aggravated or caused by service. These are AL amyloidosis, chloracne or other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not take this step for the client, then you must do it on your own. This form allows you to inform the VA that you are not satisfied with their decision and that you’d like a higher-level analysis of your case.

There are two paths to an upper-level review that you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either overturn or affirm the decision made earlier. You may be able or not required to provide new proof. Another option is to request an appointment with a Veterans Law Judge from the Board of shelton veterans disability lawsuit‘ Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most effective route for your appeal, so it’s essential to discuss these issues with your VA-accredited attorney. They will have experience in this area and will know what is the most appropriate option for your particular case. They are also familiar with the difficulties that disabled veterans face and their families, which makes them an ideal advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that you acquired or worsened as a result of serving in the military. You’ll have to be patient as the VA evaluates and makes a decision on your claim. You may need to wait up to 180 calendar days after submitting your claim before you get a decision.

Numerous factors can affect the time it takes for the VA to make a decision on your claim. The speed at which your application will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the field office handling your claim also influences how long it takes for the VA to review your claims.

Another factor that can impact the time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can help speed up the process by submitting proof as soon as possible and being specific in your details regarding the address of the medical facilities you use, and sending any requested information immediately when it becomes available.

You can request a higher level review if you believe the decision you were given regarding your disability was wrong. This involves submitting all facts that exist in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review is not able to contain new evidence.