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How to File a Veterans Disability Claim

The claim of a veteran for disability is a vital component of the application process for benefits. Many veterans who have their claims accepted receive an additional monthly income that is tax free.

It's no secret that VA is a long way behind in the process of processing disability claims from veterans disability attorney. The decision could take months or even years.

Aggravation

A veteran could be eligible to receive compensation for disability due to an illness that was made worse by their military service. This kind of claim can be either mental or physical. A skilled VA lawyer can assist the former service member submit an aggravated claim. A claimant has to prove, through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion that demonstrates the severity of the condition prior to service. In addition to the doctor's opinion the veteran will be required to provide medical records as well as lay statements from family or friends who are able to confirm the severity of their pre-service conditions.

In a veterans disability claim it is crucial to be aware that the aggravated condition must be different from the original disability rating. A disability attorney can advise the former soldier on how they can provide enough medical evidence and testimony to establish that their condition was not only caused 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 & 3.310. The difference in the wording of these provisions has led to confusion and debate in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To qualify a veteran for benefits, they must prove that their condition or illness is related to their service. This is known as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular conditions that develop because of specific amputations linked to service. For other conditions, like PTSD veterans are required to provide lay evidence or testimony from people who were close to them in the military, to link their condition with a specific incident that occurred during their time in service.

A preexisting medical issue could be service-related when it was made worse by active duty and not through natural progression of the disease. The best method to establish this is by submitting an opinion from a doctor that states that the ailment was due to service and not just the normal progression of the condition.

Certain ailments and injuries are believed to be caused or aggravated by service. They are known as "presumptive diseases." 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 believed to have been caused or caused by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more about these probable diseases.

Appeals

The VA has a procedure to appeal their decision as to the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf, but if they do not, you can do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and want a higher level review of your case.

There are two paths to an upper-level review, both of which you must carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration is given to prior decisions) review and either overturn the earlier decision or confirm it. It is possible that you will be able not required to submit a new proof. The other path is to request a hearing before an Veterans Law Judge at the Board of veterans disability attorney' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best lane 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 makes the most sense for your particular case. They are also aware of the difficulties faced by disabled Veterans Disability Lawyer which makes them a stronger advocate for you.

Time Limits

If you suffer from a disability that was acquired or worsened during military service, then you may file a claim to receive compensation. You'll have to be patient while the VA evaluates and makes a decision on your application. It could take up 180 days after the claim has been submitted before you get an answer.

Many factors can influence how long it takes the VA to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the amount of evidence that you submit. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.

The frequency you check in with the VA on the status of your claim can influence the time it takes to process. You can speed up the process by sending all documentation as quickly as possible, providing specific information regarding the medical care facility you use, as well as sending any requested information.

You can request a higher level review if you believe the decision based on your disability was wrong. You'll have to submit all of the facts about your case to an experienced reviewer, who will decide whether there an error in the initial decision. This review does not contain any new evidence.