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How to File a Veterans Disability Claim

A veteran’s disability claim is an essential component of his or her benefit application. Many veterans who have their claims accepted receive a monthly income which is tax-free.

It’s no secret that VA is way behind in the process of processing disability claims made by veterans. It could take months, even years, for a decision to be made.

Aggravation

alton veterans disability lawsuit may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim could be mental or physical. A licensed VA lawyer can assist the former soldier to file 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.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to the doctor’s opinion the veteran will be required to provide medical records and lay statements from friends or family members who can testify to the extent of their pre-service injuries.

It is important to note when submitting a claim for disability benefits for veterans that the condition being aggravated has to be different from the initial disability rating. A disability attorney can advise the former soldier on how to provide the proper medical evidence and testimony to prove that their original condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two “aggravation standards” in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these provisions has caused confusion and controversies during the process of claiming. The inconsistent use of terms such as “increased disability” and “any increased severity” are the main cause of litigation.

Conditions of Service

For a veteran to qualify for benefits, they have to prove that their condition or illness is connected to service. This is referred to as “service connection.” Service connection is granted automatically in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops because of specific amputations that are connected to service. Veterans suffering from other conditions, like PTSD need to provide witness testimony or lay evidence from people who knew them during their service to link their condition to a specific event that occurred during their military service.

A pre-existing medical condition could be a result of service if it was aggravated by active duty and not just the natural progression of the disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was caused by service, and not the natural progress of the disease.

Certain ailments and injuries are believed to be caused or aggravated by service. These are referred to as “presumptive illnesses.” This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or worsened by military service. These include AL amyloidosis and chloracne as well as other acneform diseases such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however if not, you may file it yourself. This form is used to notify the VA you disagree with their decision and that you want a higher-level review of your case.

There are two options to request a higher level review. Both options should be carefully considered. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference to the previous decision) and then either reverse or affirm the decision made earlier. You could or might 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 crucial to discuss these aspects with your VA-accredited attorney. They’ll have experience in this area and will know the best option for your specific case. They also understand the challenges that disabled veterans face, which can make them more effective advocates for you.

Time Limits

You can seek compensation if you suffer from a disability that you acquired or worsened during your time in the military. However, you’ll need patient during the VA’s process for reviewing and deciding on your claim. It may take up to 180 days after your claim is submitted before you get a decision.

There are a variety of factors that can affect how long the VA is able to make an assessment of your claim. How quickly your application will be evaluated is largely determined by the amount of evidence that you submit. The location of the field office handling your claim will also impact the time it will take for the VA to review your claims.

The frequency you check in with the VA to check the status of your claim could also affect the time it takes to complete the process. You can accelerate the process by providing evidence promptly and by providing specific address details for the medical facilities you utilize, and providing any requested information when it becomes available.

If you believe that there was a mistake in the decision on your disability, you are able to request a more thorough review. You will need to submit all the details of your case to a knowledgeable reviewer, Vimeo.Com who can determine whether there an error in the original decision. However, this review cannot include new evidence.