9 . What Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.

It's not secret that VA is behind in processing veteran disability claims. The decision could take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A licensed VA lawyer can help a former servicemember to file an aggravated disability claim. The claimant must prove via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the doctor's opinion in addition, the veteran will require medical records as well as lay statements from family members or friends who can confirm the severity of their pre-service conditions.

It is crucial to remember in a claim to be disabled by a veteran that the aggravated conditions must be different from the original disability rating. A disability lawyer can guide a former servicemember on how to provide the proper medical evidence and proof that their original health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has led to confusion and controversy in the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

To be eligible for benefits a veteran must prove that the cause of their condition or disability was caused by service. This is known as "service connection." For certain diseases, such as Ischemic heart disease or other cardiovascular diseases that arise as a result of services-connected amputations is granted automatically. For other conditions, like PTSD veterans disability lawyers are required to provide the evidence of laypeople or people who were close to them in the military, to connect their condition to an specific incident that took place during their service.

A preexisting medical problem could be service-related in the event that it was aggravated by active duty and not due to the natural progress of the disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was due to service and not the natural progression of the disease.

Certain ailments and injuries are believed to be caused or worsened by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as various Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be caused or aggravated from service. These include AL amyloidosis, chloracne or other acneform diseases Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeals

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

There are two options for a more thorough review that you must carefully consider. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo review (no deference to the previous decision) and then either reverse or affirm the earlier decision. You may be able or not required to provide new proof. You can also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best route for your appeal, and it's crucial to discuss these options with your attorney who is accredited by the VA. They'll have experience in this area and will know what makes the most sense for your particular situation. They are also aware of the challenges that disabled veterans disability law firm face and can help them become an effective advocate for you.

Time Limits

You may be eligible for compensation if you have an illness that you developed or worsened during your time in the military. You'll need to be patient as the VA evaluates and makes a decision on your application. It may take up to 180 days after the claim has been filed before you receive a decision.

Many factors can influence the time it takes for the VA to decide on your claim. The amount of evidence submitted is a significant factor in the speed at which your claim is considered. The location of the VA field office who will review your claim can also influence the length of time it takes.

The frequency you check in with the VA regarding the status of your claim can affect the length of time it takes to process. You can speed up the process by submitting proof as soon as possible by being specific with your address details for the medical care facilities that you use, and sending any requested information when it becomes available.

You can request a higher level review if you believe the decision based on your disability was not correct. This involves submitting all the facts that exist in your case to an expert reviewer who can determine whether there was an error in the initial decision. But, this review will not include any new evidence.