9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a veterans disability law firm Disability Claim

The claim of disability for a veteran is an important part of submitting an application for benefits. Many veterans who have their claims approved receive a monthly income that is tax free.

It's no secret that the VA is way behind in processing disability claims made by veterans. The process can take months or even years.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim can be physical or mental. A qualified VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant must show using medical evidence or independent opinions, that their pre-service medical condition was aggravated due to active duty.

Typically, the most effective way to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion the veteran will have to submit medical records and lay statements from family members or friends who can testify to the severity of their pre-service conditions.

In a claim for a disability benefit for veterans it is important to note that the aggravated condition has to be distinct from the initial disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and witness to prove that their original condition wasn't only aggravated due to military service, however, it was much worse than it would have been had the aggravating factor had not been present.

In order to address this issue VA is proposing to align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversies during the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

To be eligible for benefits, veterans must prove the condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations linked to service. Veterans suffering from other ailments such as PTSD need to provide the evidence of lay witnesses or from those who were their friends during their time in service to connect their condition to a specific incident that occurred during their time in the military.

A pre-existing medical problem can be a service-related issue in the event that it was aggravated by active duty and not as a natural progression of the disease. It is best to provide a doctor's report that explains that the aggravation of the condition was due to service, and not simply the natural development of the disease.

Certain ailments and injuries are presumed to have been caused or aggravated by service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been aggravated 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. For more information on these presumptive diseases, click here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney may submit this form on your behalf but if not, you can do it yourself. This form is used by the VA to inform them that you disagree with their decision and want a higher level review of your case.

There are two options to request a more thorough review. Both should be considered carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo (no consideration is given to previous decisions) review and either reverse the earlier decision or confirm the decision. You may or may not be able submit new evidence. The other path is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these issues with your VA-accredited lawyer. They have experience and know the best option for your situation. They are also familiar with the difficulties faced by disabled Veterans Disability Lawyer and their families, which makes them more effective advocates for you.

Time Limits

If you have a disability that was caused or aggravated in the military, you may file a claim to receive compensation. However, you'll need to be patient with the VA's process of taking a look at and deciding on your claim. It could take up 180 days after your claim is filed before you get an answer.

Numerous factors can affect the time it takes for the VA to consider your claim. The amount of evidence that you submit will play a major role in the speed at which your application is considered. The location of the VA field office who will review your claim can also impact how long it takes.

Another factor that can impact the time required for your claim to be processed is how often you contact the VA to check the progress of your claim. You can speed up the claim process by sending all documentation as quickly as you can. You should also provide specific details regarding the medical center you use, as well as sending any requested details.

If you believe there was an error in the determination of your disability, then you can request a higher-level review. This means that you submit all the relevant facts of your case to a senior reviewer who can determine if there was an error in the original decision. The review doesn't include any new evidence.