10 Things That Your Family Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

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

It's no secret that VA is behind in processing veteran disability claims. A decision can take months or even years.

Aggravation

A veteran might be able to claim disability compensation for an illness that was caused by their military service. This type of claim may be either mental or physical. A qualified VA lawyer can assist the former service member make an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions, Veterans Disability Lawyer that their pre-service medical condition was made worse by active duty.

Typically the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert in the condition of the veteran. In addition to a physician's declaration in addition, the veteran will need to submit medical records as well as lay statements from friends or family members who can testify to the severity of their pre-service conditions.

It is crucial to remember in a Veterans Disability Lawyer disability claim that the conditions that are aggravated must be different from the original disability rating. A disability attorney can advise the former soldier on how to present sufficient medical evidence and testimony to prove that their health condition was not merely aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and disagreement during the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To qualify a veteran for benefits, they must demonstrate that their illness or disability is linked to service. This is known as showing "service connection." For some ailments, like ischemic heart disease, or other cardiovascular diseases that develop because of service-connected amputations, service connection is granted automatically. Veterans with other conditions like PTSD, must provide lay testimony or evidence from those who were their friends during their service to link their condition to an specific event that occurred during their time in the military.

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

Certain ailments and injuries are believed to be caused or worsened by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability lawyers exposure to radiation in Prisoners of War, and various Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or caused by service. They include AL amyloidosis and chloracne as well as other acneform diseases Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. The VA-accredited attorney you have chosen will file this on your behalf but if not, you can file it yourself. This form is used by the VA to let them know that you disagree with their decision and would like a more thorough review of your case.

There are two routes to a higher-level review and both of them are options you should carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review is given to prior decisions) review and either overturn the earlier decision or uphold it. You might or may not be able submit new evidence. Another option is to request an appointment with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these issues with your lawyer who is accredited by the VA. They have experience and know what is best for your situation. They are also well-versed in the challenges that disabled veterans face which makes them a better advocate for you.

Time Limits

You can seek compensation if you suffer from a disability that was acquired or worsened during your time in the military. But you'll need to be patient during the VA's process of reviewing and deciding on your application. It could take as long as 180 days after your claim is filed before you get an answer.

There are many factors that influence how long the VA will take to make an assessment of your claim. The amount of evidence submitted is a significant factor in how quickly your claim is reviewed. The location of the field office responsible for your claim will also affect the time it takes for the VA to review your claims.

Another factor that could affect the 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 help accelerate the process by submitting evidence as soon as you can and by providing specific address details for the medical care facilities you use, and sending any requested information immediately when it becomes available.

You could request a higher-level review if you believe the decision based on your disability was not correct. This involves submitting all relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the original decision. This review does not contain any new evidence.