How to File a
Veterans Disability Claim
The claim of a veteran for disability is a key 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 the VA is way behind in the process of processing disability claims from veterans. It can take months or even years, for a decision to be made.
Aggravation
A veteran may be able to receive disability compensation for an illness that was worsened by their military service. This kind of claim can be mental or physical. A qualified VA lawyer can assist former service members file an aggravated disability claim. The claimant must prove either through medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.
Typically, the best way to prove that a pre-service issue was aggravated is through an independent medical opinion by a physician who specializes in the condition of the veteran. In addition to a physician's declaration, the veteran will also be required to provide medical records and lay declarations from family members or friends who are able to confirm the severity of their pre-service condition.
It is important to note when submitting a claim for disability benefits for veterans that the condition being aggravated has to differ from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and witness to prove that their previous condition wasn't only aggravated because of military service, but was also more severe than it would have been if the aggravating factor hadn't been present.
In order to address this issue VA is proposing to align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy in the process of making claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.
Conditions Associated with Service
To be eligible for benefits veterans must prove their health or disability was caused by service. This is referred to as proving "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular disease that develops due to specific amputations connected to service. Veterans with other conditions, like PTSD and PTSD, are required to provide the evidence of lay witnesses or from people who knew them during their time in the military to connect their condition to a specific incident that occurred during their time in the military.
A pre-existing medical condition can also be service related in the event that it was aggravated due to active duty service, and not the natural progression of disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was due to service, and not the natural progression.
Certain injuries and illnesses can be thought to be caused or aggravated due to treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea
veterans disability lawyer radiation exposure in prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are believed to have been caused or worsened by military service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.
Appeals
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however, if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.
There are two options available for an additional level review. Both should be carefully considered. One option is to request a personal hearing with an officer from the Decision Review Office 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 earlier decision. You may be required or not required to submit a new proof. The alternative is to request an appointment before a Veterans Law Judge from the Board of
Veterans Disability Law Firms' Appeals in Washington, D.C.
It is essential to discuss all of these issues with your lawyer who is accredited by the VA. They will have experience and know the best option for your case. They also know the challenges faced by disabled veterans and their families, which makes them an effective advocate for you.
Time Limits
If you suffer from a condition that was caused or aggravated during your military service, you could file a claim in order to receive compensation. However, you'll need patient when it comes to the VA's process for taking a look at and deciding on the merits of your claim. It may take up to 180 days after your claim is filed before you get an answer.
There are a variety of factors that affect the time the VA is able to make a decision on your claim. How quickly your application will be considered is mostly determined by the volume of evidence you provide. The location of the VA field office that will be reviewing your claim will also affect the length of time it takes.
Another factor that can impact the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process by submitting evidence as soon as possible and by providing specific details regarding the address of the medical facilities you utilize, and providing any requested information as soon as it is available.
If you think there has been a mistake in the decision made regarding your disability, you may request a more thorough review. You'll need to provide all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the original decision. However, this review can't include new evidence.