9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans disability law firm are eligible for tax-free income when their claims are accepted.

It's not secret that VA is behind in processing veteran disability claims. It could take months, even years for a determination to be made.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim could be physical or mental. A qualified VA lawyer can help a former servicemember make an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior to service was made worse by active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's opinion the veteran will have to submit medical records and lay statements from family or friends who can confirm the extent of their pre-service injuries.

In a veterans disability claim it is important to keep in mind that the aggravated condition must be different from the original disability rating. A disability lawyer can guide an ex-servicemember on how to provide the proper medical evidence and evidence to show that their condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

In order to address this issue, VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy in the process of claiming. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Conditions that are associated with Service

In order for a veteran to be eligible for benefits, they have to prove that their illness or disability is connected to service. This is called showing "service connection." For some diseases, such as ischemic heart disease or other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD the veterans must present lay evidence or testimony from those who knew them during the military, to link their illness to a specific incident that took place during their time in service.

A preexisting medical condition may be a result of service when it was made worse by their active duty service and not due to the natural progression of the disease. It is advisable to provide an official report from a doctor that explains that the aggravation of the condition was caused by service, and not the natural progression.

Certain illnesses and injuries are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been caused or aggravated from service. They include AL amyloidosis, chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision regarding whether or not to grant benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not do this for you, then you're able to complete it on your own. This form is used 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.

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 an official from the Decision Review Office at your local office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or uphold the decision. You could or might not be able submit new evidence. The other option is to request a hearing with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss these issues with your VA-accredited lawyer. They'll have experience and will know the best route for your case. They are also well-versed in the challenges faced by disabled veterans and their families, which makes them a better advocate for you.

Time Limits

If you suffer from a disability that was caused or aggravated in the military, you can file a claim and receive compensation. However, you'll need to be patient when it comes to the VA's process for review and deciding on your claim. It could take up 180 days after your claim is submitted before you get a decision.

Many factors affect how long it takes the VA to decide on your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you have submitted. The location of the field office handling your claim will also impact how long it will take for the VA to review your claims.

Another factor that could affect the time required for 133.6.219.42 your claim to be processed is the frequency at which you contact the VA to check its progress. You can speed up the process by sending all documentation as quickly as you can, including specific information regarding the medical center you use, and providing any requested information.

You can request a higher level review if you feel that the decision based on your disability was incorrect. You will need to submit all the facts regarding your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review does not include any new evidence.