How to File a Veterans Disability Claim
The claim of a disabled veteran is an important element of the application for benefits. Many
veterans disability law firms who have their claims approved receive an additional monthly income that is tax free.
It's no secret that the VA is a long way behind in processing disability claims made by veterans. It can take months, even years, for a decision to be made.
Aggravation
A veteran may be able to claim disability compensation for an illness that was worsened by their military service. This type of claim is known as an aggravated disability. It could be mental or physical. A VA lawyer who is competent can help an ex-military member file an aggravated disabilities claim. A claimant must demonstrate via medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
Typically the most effective method to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from a physician who specializes in the veteran's disability. In addition to a physician's declaration the veteran will also be required to provide medical records and lay declarations from friends or family members who can attest to the severity of their pre-service condition.
It is vital to remember in a veterans disability claim that the aggravated condition must be different from the original disability rating. A disability lawyer can guide the former service member on how they can provide enough medical evidence and testimony to establish that their health condition was not merely aggravated through military service, but actually worse than it would have been without the aggravating factor.
VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversy in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
To qualify a veteran for benefits, they must prove that their illness or disability is linked to service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like ischemic heart diseases or other cardiovascular disease that develops as a result specific amputations linked to service. For other conditions, like PTSD,
veterans disability law firm must provide lay evidence or testimony from people who were close to them in the military, to connect their condition to an specific incident that took place during their service.
A pre-existing medical condition could also be service related in the case that it was aggravated due to active duty service, and not the natural progression of disease. The most effective method to prove this is by providing the doctor's opinion that the aggravation was due to service and not the normal progress of the condition.
Certain injuries and illnesses may be presumed to be caused or aggravated because of service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and various Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. These include AL amyloidosis or chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive illnesses.
Appeal
The VA has a system for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to do it on your own. This form is used to notify 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 options to request a higher level review. Both should be carefully considered. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo review (no deference given 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 interview with an Veterans Law Judge from 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're experienced in this field and know what is the most appropriate option for your particular case. They are also aware of the difficulties that disabled veterans face which makes them more effective advocates on your behalf.
Time Limits
If you have a disability that was acquired or worsened during military service, you can file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after filing your claim before you get a decision.
There are a variety of factors that influence how long the VA is able to make an decision on your claim. How quickly your application will be evaluated is largely determined by the volume of evidence you provide. The location of the field office handling your claim can also influence how long it will take for the VA to review your claims.
The frequency you check in with the VA on the status of your claim could also affect the time it takes to finish the process. You can speed up the claim process by providing all evidence as fast as possible, providing specific details regarding the medical care facility you use, and providing any requested details.
If you believe there has been a mistake in the decision made regarding your disability, you may request a higher-level review. You will need to submit all the details of your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. But, this review will not include new evidence.