9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a veterans disability law firm Disability Claim

A veteran's disability claim is an essential part of his or her benefit application. Many veterans are eligible for tax-free income after their claims are approved.

It's no secret that the VA is a long way behind in the process of processing disability claims made by veterans. It can 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 aggravated by their military service. This type of claim could be either mental or physical. A skilled VA lawyer can assist the former soldier make an aggravated disability claim. A claimant needs to prove via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to the doctor's report, the veteran must also submit medical records and statements from relatives or friends who attest to their pre-service condition.

In a veterans disability claim it is important to keep in mind that the aggravated condition has to be distinct from the initial disability rating. A disability attorney can advise the former soldier on how they can provide enough medical evidence and evidence to show that their condition was not only caused through military service, but was worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and debate regarding the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits, they must show that their illness or disability is connected to service. This is referred to as "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific services-connected amputations is automatically granted. Veterans suffering from other conditions like PTSD are required to 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 pre-existing medical problem can be service-related in the event that it was aggravated due to active duty service and not due to the natural progression of disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was caused by service, not just the natural development of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated by service. These are referred to 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 also thought to be caused or worsened by military service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here for more details about these probable diseases.

Appeals

The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf but if not, you can file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and you would like a higher-level review of your case.

There are two options available for higher-level review. Both should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or uphold it. You might or may not be able to submit new evidence. The alternative is to request a hearing before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss all of these issues with your VA-accredited attorney. They're experienced in this area and will know what makes the most sense for your particular situation. They are also well-versed in the challenges that disabled veterans face and can be an effective advocate for you.

Time Limits

If you suffer from a disability that was caused or aggravated during your military service, you can file a claim and receive compensation. You'll have to be patient while the VA examines and decides on your application. It could take as long as 180 days after your claim is filed before you receive an answer.

Many factors can influence the time it takes for the VA to determine your claim. How quickly your application will be evaluated is largely determined by the volume of evidence you provide. The location of the field office that is responsible for your claim can also influence how long it will take for the VA to review your claim.

Another factor 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 its progress. You can help speed up the process by providing evidence as soon as possible and by providing specific details regarding the address of the medical care facilities that you utilize, and providing any requested information as soon as it's available.

If you believe that there was a mistake in the decision made regarding your disability, you can request a more thorough review. You'll have to submit all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. However, this review cannot contain new evidence.