The 9 Things Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

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

It's not secret that VA is behind in the processing of claims for disability from veterans. It could take months, even years for a decision to be made.

Aggravation

A veteran might be able to receive disability compensation for an illness that was worsened by their military service. This type of claim could be mental or physical. A licensed VA lawyer can help the former service member file an aggravated disability claim. A claimant must demonstrate via medical evidence or independent opinions that their condition prior to service was made worse by active duty.

Typically the best way to demonstrate that a pre-service issue was aggravated is through an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's opinion in addition, the veteran will require medical records as well as lay statements from friends or family members who can confirm the seriousness of their pre-service ailments.

It is crucial to remember when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the initial disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony to prove that their original condition wasn't merely aggravated because of military service, but was also more severe than it would have been had the aggravating factor hadn't been present.

In addressing this issue VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and controversy in the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.

Conditions of Service

To qualify a veteran for benefits, they must show that their disability or illness is related to their service. This is known as "service connection." For some diseases, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD, veterans disability lawsuit must provide documents or evidence from people who were close to them in the military, in order to connect their condition with a specific incident that took place during their service.

A preexisting medical condition could also be service-connected when it was made worse through active duty and not due to the natural progress of the disease. The most effective method to demonstrate this is to provide the opinion of a doctor that the ailment was due to service, and not the normal development of the condition.

Certain injuries and illnesses are believed to have been caused or aggravated by the service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean Veterans Disability Lawyer, exposure to radiation in Prisoners of war, and numerous Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. These include AL amyloidosis, chloracne, other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeal

The VA has a procedure for appeals to appeal their decision on whether or not they will grant benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney may complete this for you however if not, you can file it yourself. This form is used by the VA to let them know that you do not agree with their decision, and you would like a higher-level review of your case.

There are two options to request higher-level review. Both should be carefully considered. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference to the earlier decision) and either overturn or affirm the earlier decision. You may be able or not required to provide new proof. The other path is to request an interview with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best route for your appeal, and it is important to discuss these options with your attorney who is accredited by the VA. They'll have expertise in this area and will know what makes sense for your particular situation. They are also aware of the challenges faced by disabled veterans and can help them become more effective advocates on your behalf.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during your military service, you can file a claim and receive compensation. But you'll have to be patient during the VA's process for taking a look at and deciding on the merits of your claim. It could take up to 180 calendar days after filing your claim before you get a decision.

Many factors affect the time it takes for VA to determine your claim. The amount of evidence you provide will play a significant role in how quickly your application is evaluated. The location of the VA field office who will review your claim could also impact the length of time it takes.

The frequency you check in with the VA to see the status of your claim can also affect the time it takes to process your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific information regarding the medical center you use, as well as sending any requested details.

You can request a higher level review if you believe that the decision made on your disability was wrong. You must submit all the details of your case to a knowledgeable reviewer, who will determine whether there an error in the original decision. However, this review cannot include any new evidence.