How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans who have their claims accepted receive additional income each month which is tax-free.

It's not a secret that VA is behind in the process of processing claims for disability by veterans. It can take months or even years, for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition made worse by their military service. This kind of claim is known as an aggravated impairment and can be mental or physical. A VA lawyer who is certified can assist an ex-military member to file a claim for aggravated disabilities. A claimant has to prove via medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to a doctor's report the veteran will also require medical records and lay statements from family members or friends who are able to confirm the severity of their pre-service conditions.

It is important to note in a veterans disability claim that the conditions that are aggravated must be different from the initial disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony in order to prove that their original condition wasn't merely aggravated because of military service, but was also more severe than it would have been had the aggravating factor wasn't present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has led to confusion and controversy regarding the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To be eligible for benefits, veterans must show that his or her health or disability was caused by service. This is known as proving "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases and other cardiovascular conditions that develop because of specific amputations connected to service. Veterans suffering from other conditions, like PTSD, must provide lay testimony or evidence from those who were their friends during their time in the military to connect their condition with a specific event that occurred during their time in the military.

A pre-existing medical condition can be a service-related issue in the case that it was aggravated due to active duty service and not as a natural progression of disease. The most effective method to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not just the normal progression of the condition.

Certain illnesses and injuries may be presumed to be caused or aggravated by treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea