How to File a Veterans Disability Claim

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

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

Aggravation

olean veterans disability law firm may be qualified for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability. It can be mental or physical. A licensed VA lawyer can help a former servicemember to file an aggravated disability claim. A claimant needs to prove by proving medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to the physician’s statement, the veteran must also submit medical records as well as lay statements from family or friends who attest to their pre-service condition.

When a claim for disability benefits from veterans it is crucial to keep in mind that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimonies to prove that their original condition wasn’t just aggravated because of military service, but was also more severe than it would have been if the aggravating factor wasn’t present.

In addressing this issue VA proposes to re-align the two “aggravation” standards contained in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and debate regarding the claims process. Particularly, the inconsistent use of phrases such as “increase in disability” and “any increase in severity” is the cause of disputes and uncertainty.

Service-Connected Terms

To qualify a veteran for benefits, they must demonstrate that their condition or illness is connected to service. This is known as “service connection.” Service connection is automatically granted for certain ailments, like ischemic heart diseases or other cardiovascular disease that develops because of specific amputations that are connected to service. Veterans with other conditions, like PTSD, must provide the evidence of lay witnesses or from those who knew them during their service to establish a connection between their condition to a specific event that occurred during their time in the military.

A preexisting medical condition may be a result of service in the case that it was aggravated through active duty and not caused by the natural progression of the disease. The most effective method to prove this is by providing a doctor’s opinion that states that the ailment was due to service and not just the normal development of the condition.

Certain illnesses and injuries may be attributed to or aggravated due to treatment. These are referred to as “presumptive illnesses.” This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be resulted or aggravated by military service. These are AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf however, if not, you can file it yourself. This form allows you to inform the VA you disagree with their decision and you want a higher-level review of your case.

There are two paths to a higher-level review and both of them are options you must carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and either reverse or uphold the earlier decision. You may or not be allowed to submit new evidence. The other option is to request an interview before an Veterans Law Judge from the Board of Rogers Veterans Disability Lawsuit‘ Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most appropriate route for your appeal, so it’s important to discuss these options with your VA-accredited attorney. They have experience and know what is best for your situation. They also know the difficulties faced by disabled veterans and their families, which makes them more effective advocates for you.

Time Limits

If you suffer from a disability that was incurred or worsened in the military, you can file a claim to receive compensation. You’ll have to be patient as the VA reviews and decides on your application. It could take up to 180 days after the claim has been filed before you receive an answer.

Many factors affect how long it takes the VA to make a decision on your claim. How quickly your application will be considered is mostly determined by the amount of evidence you submit. The location of the field office that is responsible for your claim can also influence the time it will take for the VA to review your claims.

How often you check in with the VA to see the status of your claim can affect the length of time it takes to complete the process. You can speed up the process by providing evidence whenever you can by being specific with your information regarding the addresses of the medical care facilities that you use, and sending any requested information immediately when it becomes available.

If you think there has been a mistake in the decision regarding your disability, you are able to request a more thorough review. You’ll need to provide all the facts regarding your case to an experienced reviewer, who will determine whether there an error in the initial decision. This review does not include any new evidence.