How to File a Veterans Disability Claim

A veteran's disability claim is an important component of his or her benefit application. Many veterans receive tax-free income when their claims are granted.

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

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim is referred to as an aggravated disability and can be mental or physical. A VA lawyer who is certified can help a former military member file an aggravated disabilities claim. A claimant has to prove via medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

Typically, the most effective method to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert physician who is knowledgeable about the veteran's disability. In addition to the doctor's report, the veteran should also submit medical records and the lay statements of family or friends who attest to their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the aggravated condition must be different from the original disability rating. An attorney for disability can guide the former service member on how to provide the proper medical evidence and testimony to prove that their original condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversy during the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions that are associated with Service

To be eligible for benefits, they must show that their condition or illness is related to their service. This is known as proving "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart disease or disability another cardiovascular conditions that develop as a result specific amputations linked to service. For other conditions, like PTSD the veterans must present lay evidence or testimony from those who knew them during the military, to link their condition to a specific incident that occurred during their time of service.

A preexisting medical problem could also be service-related if it was aggravated by their active duty service and not by natural progress of the disease. The best method to prove this is to present an opinion from a doctor that states that the aggravation was due to service, and not the normal progress of the condition.

Certain illnesses and injuries are presumed to have been caused or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyer, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by military service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, you are able to complete it on your own. This form is used to tell the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two paths to a more thorough review that you should consider carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct an de novo review (no deference given to the previous decision) and then either reverse or confirm the earlier decision. You may be able or not required to provide new proof. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these factors with your VA-accredited lawyer. They're experienced in this field and know what makes the most sense for your particular situation. They are also familiar with the difficulties faced by disabled veterans, which makes them more effective advocates for you.

Time Limits

You can seek compensation if you have a disability that you acquired or worsened during your time in the military. You'll need to be patient as the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after submitting your claim before you receive a decision.

There are many factors which can impact the length of time the VA will take to reach an assessment of your claim. The amount of evidence that you submit will play a significant role in the speed at which your claim is evaluated. The location of the field office that is responsible for your claim will also impact the time it will take for the VA to review your claims.

How often you check in with the VA on the status of your claim can also affect the time it takes to process your claim. You can speed up the process by sending all documentation as quickly as possible, providing specific information about the medical facility you use, and providing any requested information.

You can request a more thorough review if it is your opinion that the decision made on your disability was incorrect. You must submit all the facts of your case to a knowledgeable reviewer, who will decide whether there an error in the initial decision. However, this review cannot include any new evidence.

Edit

Pub: 20 Apr 2024 05:55 UTC

Views: 75