The 9 Things Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The veteran's claim for disability is an important component of the application process for benefits. Many veterans disability lawsuit get tax-free income when their claims are granted.

It's no secret that VA is a long way behind in the process of processing disability claims for veterans. The decision could take months or even years.

Aggravation

A veteran might be able to receive disability compensation for a condition made worse by their military service. This kind of claim can be either mental or physical. A licensed VA lawyer can help a former servicemember make an aggravated disability claim. A claimant has to prove, with medical evidence or independent opinions, that their pre-service medical condition was made worse through active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the doctor's opinion, the veteran must also submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

It is crucial to remember in a veterans disability claim that the aggravated conditions must be different from the initial disability rating. A disability lawyer can guide a former servicemember on how to present sufficient medical evidence and evidence to show that their condition was not just 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 change 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 during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions that are associated with Service

To be eligible for benefits veterans must show that the impairment or illness was caused by service. This is referred to as proving "service connection." Service connection is granted automatically for certain conditions, such ischemic heart diseases or other cardiovascular diseases that develop due to specific amputations connected to service. Veterans with other conditions such as PTSD and PTSD, are required to provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition with a specific incident that occurred during their military service.

A preexisting medical condition may also be service-related if it was aggravated through active duty and not by natural progress of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, not just the natural progression of the disease.

Certain injuries and illnesses are presumed to have been caused or aggravated due to service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been resulted or aggravated by military service. This includes AL amyloidosis as well as 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 procedure for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not handle this for the client, then you must do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and would prefer a more thorough review of your case.

There are two options for a more thorough review and both of them are options you must carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will perform a de novo (no review is given to prior decisions) review and either reverse the earlier decision or maintain it. You may be required or not required to submit a new proof. You can also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They'll have experience and know the best option for your situation. They are also aware of the difficulties that disabled veterans face and can be more effective advocates on your behalf.

Time Limits

If you have a disability that was incurred or worsened in the military, you may file a claim to receive compensation. But you'll have to be patient with the VA's process for considering and deciding about your application. It may take up to 180 days after your claim is submitted before you get an answer.

Numerous factors can affect the time it takes for VA to make a decision on your claim. The amount of evidence you provide is a significant factor in the speed at which your application is considered. The location of the VA field office that will be reviewing your claim will also affect the length of time required to review.

Another factor that can impact the length of time it takes your claim to be processed is how often you contact the VA to check on the progress of your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can. You should also provide specific information regarding the medical care facility you use, and providing any requested details.

You can request a higher level review if you feel that the decision you were given regarding your disability was incorrect. This involves submitting all relevant facts of your case to an experienced reviewer who will determine if there was an error in the original decision. This review doesn't contain any new evidence.