How to File a Veterans Disability Claim
The claim of disability for a veteran is a vital part of submitting an application for benefits. Many veterans who have their claims accepted receive additional income each month that is tax free.
It’s not a secret that the VA is way behind in processing disability claims for veterans. It can take months, even years for a determination to be made.
Aggravation
Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This kind of claim can be either mental or physical. A VA lawyer who is competent can assist an ex-military personnel to file a claim for aggravated disabilities. A claimant has to prove through medical evidence or an independent opinion, that their pre-service medical condition was aggravated by active duty.
Typically the best way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert doctor who is specialized in the disability of veterans. In addition to the doctor’s statement the veteran is required to submit medical records and the lay statements of family or friends who can attest to their pre-service condition.
In a veterans disability claim, it is important to remember that the condition that is aggravated must be distinct from the initial disability rating. A disability attorney can advise the former service member on how they can provide enough medical evidence and evidence to show that their original condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.
VA proposes to change its two “aggravation standards” in its regulations 38 CFR 3.306 & 3.310. The differing language used in these regulations has led to confusion and controversy in the process of making claims. The inconsistent use of words such as “increased disability” and “any increased severity” have been the source of litigation.
Conditions Associated with Service
To be eligible for benefits veterans must prove their condition or disability was caused by service. This is known as proving “service connection.” For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that arise because of service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD, veterans disability lawyers must provide the evidence of laypeople or people who were close to them in the military, in order to connect their condition to a specific incident that occurred during their time of service.
A preexisting medical condition could be service-related if it was aggravated through active duty and not due to the natural progression of the disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural development of the disease.
Certain illnesses and injuries are believed to be caused or worsened by service. They are known as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean veterans disability lawsuit as well as exposure to radiation for prisoner of war, and different Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or caused by service. These include AL amyloidosis or chloracne, other acneform diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information about these probable diseases.
Appeals
The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer who is accredited by the VA does not complete this task for you, you are able to do it yourself. This form is used by the VA to inform them that you do not agree with their decision and would prefer a more thorough review of your case.
You have two options for an additional level review. Both should be carefully considered. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will perform a de novo (no review is given to previous decisions) review and either overturn the earlier decision or maintain the decision. It is possible that you will be able not required to submit a new proof. Another option is to request a hearing before a Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.
It’s important to discuss these aspects with your VA-accredited lawyer. They’ll have expertise in this field and know what is the most appropriate option for your particular situation. They also understand the challenges that disabled veterans face and can help them become an effective advocate for you.
Time Limits
If you have a disability that was incurred or worsened during military service, you can file a claim to receive compensation. You’ll need to be patient as the VA examines and decides on your claim. It could take up 180 days after the claim has been filed before you receive a decision.
There are a variety of factors which can impact the length of time the VA will take to reach an assessment of your claim. The speed at which your application will be considered is mostly determined by the quantity of evidence that you submit. The location of the VA field office that will be reviewing your claim could also impact the time it takes to review your claim.
How often you check in with the VA on the status of your claim can affect the time it takes to process your claim. You can help accelerate the process by submitting proof as soon as possible, being specific in your address information for the medical care facilities you use, and sending any requested information as soon as it’s available.
If you believe there was an error in the determination of your disability, you can request a more thorough review. You’ll have to submit all the details of your case to an experienced reviewer, who will decide whether there an error in the initial decision. But, this review will not contain new evidence.