How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of his or her benefit application. Many veterans receive tax-free income after their claims are approved.

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

Aggravation

A veteran might be able get disability compensation in the event of the condition that was worsened due to 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 the former service member make an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to the doctor's report, the veteran must also submit medical records and lay statements from family or friends who attest to their pre-service condition.

It is important to note in a veterans disability attorneys disability claim that the conditions that are aggravated must differ from the original disability rating. An attorney for disability can guide the former soldier on how to provide sufficient medical evidence and proof that their original health condition was not merely aggravated through military service, but was worse than it would have been without the aggravating factor.

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 different language of these provisions has led to confusion and debate regarding the claims process. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Conditions that are associated with Service

To be eligible for benefits veterans must prove their health or disability was caused by service. This is known as "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, a service connection is automatically granted. Veterans suffering from other conditions such as PTSD need to provide lay testimony or evidence from people who were close to them during their time in the military to connect their condition with a specific incident that occurred during their military service.

A pre-existing medical condition can also be service related in the case that it was aggravated by active duty and not as a natural progression of the disease. It is advisable to provide a doctor's report that explains that the aggravation of the condition was due to service, and not simply the natural progress of the disease.

Certain ailments and injuries are believed to be caused or aggravated by the service. These are referred to as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are thought to be caused or worsened by military service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeal

The VA has a system to appeal their decision on whether or not they will grant benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however if not, you can file it yourself. This form is used to inform the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two routes to a more thorough review that you should carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the previous decision) and either overturn or uphold the earlier decision. You may or not be able to present new evidence. You may also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these issues with your VA-accredited attorney. They'll have experience in this area and will know what makes the most sense for your particular situation. They are also aware of the challenges that disabled veterans disability law firms; http://www.sehtec.kr/home/bbs/board.php?bo_table=community03&wr_id=3007, face and can be a stronger advocate for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened during your time in the military. You'll need to wait while the VA examines and decides on your application. It could take as long as 180 days after your claim is filed before you are given a decision.

Many factors can influence the time it takes for VA to make a decision on your claim. The amount of evidence you provide will play a major role in how quickly your application is evaluated. The location of the VA field office which will be evaluating your claim can also influence the length of time it takes.

The frequency 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 accelerate the process by submitting your evidence as soon as possible by being specific with your address information for the medical care facilities that you utilize, and providing any requested information as soon as it's available.

If you think there has been a mistake in the decision on your disability, then you can request a higher-level review. You will need to submit all the facts of your case to an experienced reviewer, who will determine whether there an error in the original decision. This review doesn't contain any new evidence.