The 9 Things Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of his or her benefit application. Many veterans disability attorneys who have their claims approved receive an additional monthly income that is tax-free.

It's not a secret that the VA is a long way behind in the process of processing disability claims from 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 kind of claim can be either mental or physical. A skilled VA lawyer can help the former soldier to file an aggravated disability claim. A claimant must demonstrate, through 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 condition prior to service was made worse is by obtaining an independent medical opinion by an expert doctor who is specialized in the disabled veteran. In addition to a doctor's statement in addition, the veteran will have to submit medical records and lay statements from family or friends who are able to confirm the severity of their pre-service condition.

It is essential to note in a claim for a disability benefit for veterans that the condition being aggravated has to be different than the original disability rating. A disability lawyer can guide the former soldier on how to provide the proper medical evidence and evidence to show that their condition was not only aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to realign the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and controversy in the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Conditions of Service

For a veteran to qualify for benefits, they must demonstrate that their condition or illness is connected to service. This is known as proving "service connection." For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is granted automatically. Veterans with other conditions such as PTSD, must provide the evidence of lay witnesses or from those who were their friends during their service to establish a connection between their condition to an specific event that occurred during their time in the military.

A pre-existing medical issue can be a result of service in the event that it was aggravated due to active duty service, and not the natural progression of disease. The best way to prove this is to present the doctor's opinion that the aggravation was due to service and not the normal development of the condition.

Certain injuries and illnesses are believed to be caused or aggravated due to service. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and different Gulf War conditions. Some chronic illnesses and tropical diseases are thought to be resulted or aggravated by military service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information regarding these presumptive diseases.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your lawyer is certified by VA and does not complete this task for you, then you can complete the process on your own. This form is used to inform the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two options for a higher level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a review de novo (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. You might or may not be allowed to submit new evidence. The other option is to request an interview with an Veterans Law Judge from the Board of Veterans Disability lawyer' Appeals in Washington, D.C.

It is crucial to discuss all of these issues with your VA-accredited lawyer. They're experienced in this field and know the best option for your particular situation. They are also aware of the difficulties that disabled veterans face and can be a stronger advocate on your behalf.

Time Limits

If you suffer from a condition which was created or worsened during military service, then you could file a claim in order to receive compensation. It is important to be patient while the VA reviews and decides on your claim. You could have to wait up to 180 calendar days after filing your claim to receive a decision.

Many factors affect how long it takes the VA to determine your claim. The speed at which your application will be considered is mostly determined by the quantity of evidence you have submitted. The location of the field office responsible for your claim will also affect how long it takes for the VA 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 inquire about the status of your claim. You can speed up the claim process by making sure to submit all evidence as swiftly as you can, and providing specific details regarding the medical care facility you use, as well as providing any requested details.

You could request a higher-level review if you feel that the decision based on your disability was incorrect. You'll have to submit all the facts regarding your case to an experienced reviewer, who will determine whether there an error in the original decision. However, this review can't include new evidence.