How to File a Veterans Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many veterans who have their claims approved receive a monthly income that is tax free.

It's not a secret that the VA is way behind in processing disability claims made by veterans. The process can take months or even years.

Aggravation

A veteran might be able to receive disability compensation for an illness that was worsened due to their military service. This kind of claim is known as an aggravated disability. It could be either mental or physical. A qualified VA lawyer can assist a former servicemember make an aggravated disability claim. The claimant must prove via medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

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

In a veterans disability claim it is important to note that the aggravated condition has to be distinct from the initial disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to establish that their original condition wasn't merely aggravated due to military service, however, it was much worse than it would have been had the aggravating factor weren't present.

In addressing this issue VA is proposing to 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 controversies during the process of filing claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Service-Connected Conditions

To qualify for benefits, the veteran must prove that the health or disability was caused by service. This is called showing "service connection." For certain conditions, like ischemic heart disease or other cardiovascular diseases that arise as a result of services-connected amputations is automatically granted. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from people who were close to them in the military, to link their condition to an specific incident that took place during their time in service.

A preexisting medical condition may also be service-connected if it was aggravated by active duty and not due to the natural progress of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was due to service, and not the natural progress of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated by service. These are referred to 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. Some chronic diseases and tropical diseases are believed to have been caused or triggered by service. This includes AL amyloidosis and other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a procedure to appeal their decision regarding whether or not to award benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may submit this form on your behalf, but if they do not, you can do it yourself. This form allows you to inform 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 routes to a higher-level review one of which you should take into consideration. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo review (no deference given to the decision made previously) and either overturn or affirm the decision made earlier. You may or not be able submit new evidence. You may also request a hearing before an veterans disability attorney Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these issues with your VA-accredited attorney. They will have experience in this area and will know what makes sense for your particular situation. They are also aware of the difficulties faced by disabled veterans and can help them become a stronger advocate for you.

Time Limits

If you suffer from a disability which was created or worsened in the military, you may file a claim to receive compensation. However, you'll need to be patient with the process of considering and deciding about the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before you get a decision.

There are many variables which can impact the length of time the VA is able to make an assessment of your claim. How quickly your claim will be evaluated 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 regarding the status of your claim can affect the length of time it takes to process your claim. You can accelerate the process by making sure to submit all evidence as swiftly as you can. You should also provide specific information regarding the medical center you use, and providing any requested information.

If you believe that there was an error in the decision made regarding your disability, then you can request a more thorough review. You must submit all the facts regarding your case to an experienced reviewer who will determine whether there an error in the initial decision. However, this review can't include new evidence.