How to File a Veterans Disability Claim
The veteran’s claim for disability is a key part of submitting an application for benefits. Many veterans who have their claims approved receive additional income each month which is tax-free.
It’s not a secret that the VA is a long way behind in processing disability claims made by veterans. A decision can take months or even years.
Aggravation
Veterans could be qualified for disability compensation if their condition was made more difficult by their military service. This kind of claim is known as an aggravated disability. It could be either physical or Firm mental. A VA lawyer who is competent can assist an ex-military member submit an aggravated disabilities claim. A claimant must prove through medical evidence or independent opinions, that their medical condition prior to serving was aggravated through active duty.
A physician who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the doctor’s opinion in addition, the veteran will be required to provide medical records and lay statements from family members or friends who can confirm the seriousness of their pre-service ailments.
It is crucial to remember in a veterans disability claim that the aggravated condition must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and witness to establish that their original condition wasn’t just aggravated by military service, however, it was much worse than what it would have been if the aggravating factor had not been present.
In addressing this issue VA is proposing to change the two “aggravation” standards within its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and disagreement during the process of making claims. Particularly, the inconsistent use of terms like “increase in disability” and “any increase in severity” is the cause of disputes and uncertainty.
Service-Connected Conditions
For a veteran to qualify for benefits, they must show that their disability or illness is related to service. This is known as showing “service connection.” Service connection is automatically granted in certain circumstances, including Ischemic heart diseases or any other cardiovascular conditions that develop because of specific service-connected amputations. Veterans suffering from other ailments, like PTSD, must provide the evidence of lay witnesses or from people who were close to them during their service to link their condition to a specific incident that occurred during their military service.
A preexisting medical condition may be service-related in the event that it was aggravated through active duty and not by natural progress of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service, and not the natural progression of the disease.
Certain illnesses and injuries are presumed to have been caused or worsened by service. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been caused or worsened by military service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.
Appeals
The VA has a system to appeal their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf but if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you’d like to have a more thorough review of your case.
You have two options for a more thorough review. Both should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and then either reverse or affirm the earlier decision. You could or might not be allowed to submit new evidence. The alternative is to request a hearing before an Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.
It’s important to discuss all of these issues with your VA-accredited attorney. They will have experience in this area and will know the best option for your particular case. They also understand the challenges faced by disabled veterans and can be more effective advocates on your behalf.
Time Limits
If you suffer from a disability which was created 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 claim. You may have to wait up to 180 calendar days after filing your claim before receiving an answer.
Many factors influence the time it takes for the VA to decide on your claim. The amount of evidence you provide will play a major role in the speed at which your claim is evaluated. The location of the VA field office which will be reviewing your claim can also impact the time it takes to review your claim.
Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the process by sending all documentation as quickly as you can. You should also provide specific details about the medical center you use, as well as providing any requested details.
You can request a higher level review if you believe the decision based on your disability was unjust. You’ll have to submit all the facts regarding your case to a knowledgeable reviewer, who can determine whether there was a mistake in the original decision. This review does not include any new evidence.