9 Things Your Parents Taught 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 get tax-free income when their claims are approved.

It's no secret that VA is a long way behind in processing disability claims for veterans. It could take months, even years for a determination to be made.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition that was worsened due to their military service. This type of claim could be either mental or physical. A VA lawyer who is certified can help an ex-military member submit an aggravated disabilities claim. The claimant must demonstrate through medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the physician's statement, the veteran must also submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

In a veterans disability claim, it is important to be aware that the condition being aggravated has to be distinct from the initial disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimonies to show that their initial condition wasn't just aggravated due to military service, but it was worse than it would have been if the aggravating factor hadn't been present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and controversy during the claims process. Specifically, the incongruent usage 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

To be eligible for benefits the veteran must prove that the cause of their impairment or illness was caused by service. This is known as proving "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases or any other cardiovascular disease that develops because of specific amputations that are connected to service. For other conditions, like PTSD veterans are required to provide lay evidence or testimony from people who were their friends in the military, to connect their condition to a specific incident that occurred during their time in service.

A pre-existing medical problem can be service-related in the case that it was aggravated because of active duty, and not the natural progression of disease. It is best to provide an explanation from a doctor that the deterioration of the condition was due to service, and not the natural progress of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated by service. These are known 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 illnesses are believed to have been caused or caused by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not handle this for you, then you're able to complete the process on your own. This form is used to notify the VA that you are not satisfied with their decision and that you want a higher-level review of your case.

There are two options available for a more thorough review. Both should be considered carefully. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no review is given to previous decisions) review and either reverse the previous decision or affirm it. You may or may not be able to present new evidence. The other path is to request an appointment with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the best lane for your appeal, so it is important to discuss these issues with your VA-accredited attorney. They're experienced in this area and will know what is the most appropriate option for your particular situation. They are also aware of the challenges that disabled veterans face and can be a stronger advocate on your behalf.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. You'll have to be patient while the VA reviews and decides on your application. You could have to wait up to 180 calendar days after submitting your claim to receive an answer.

There are a variety of factors that can affect how long the VA takes to make an assessment of your claim. The amount of evidence you provide will play a big role in how quickly your claim is reviewed. The location of the VA field office that will be reviewing your claim can also influence the time it takes to review your claim.

How often you check in with the VA on the status of your claim could affect the time it takes to process your claim. You can accelerate the process by making sure to submit all evidence as swiftly as possible, providing specific details regarding the medical care facility you use, as well as sending any requested details.

You can request a more thorough review if you believe that the decision you were given regarding your disability was incorrect. This involves submitting all the evidence in your case to an experienced reviewer who will determine whether there was an error in the initial decision. However, this review can't include new evidence.