9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a veterans disability lawsuit Disability Claim

The claim of a disabled veteran is a crucial component of the application process for benefits. Many Veterans Disability Lawyer who have their claims approved receive additional income each month that is tax free.

It's no secret that VA is way behind in the process of processing disability claims made by veterans. It can take months, even years for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition that was caused by their military service. This type of claim could be mental or physical. A qualified VA lawyer can help former service members make an aggravated disability claim. A claimant must demonstrate, through medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

Typically the most effective method to prove that a pre-service issue was aggravated is through an independent medical opinion from a physician who specializes in the veteran's disability. In addition to the doctor's statement the veteran must also provide medical records as well as statements from family members or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans, it is important to keep in mind that the condition being aggravated has to differ from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony to prove that their original condition wasn't simply aggravated because of military service, but it was worse than it would have been had the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these provisions has caused confusion and controversy in the process of claiming. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.

Service-Connected Terms

To qualify a veteran for benefits, they must demonstrate that their illness or disability is linked to service. This is called showing "service connection." For certain diseases, such as ischemic heart disease, or other cardiovascular diseases that manifest as a result of Amputations that are connected to service, the service connection is automatically granted. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from people who were close to them in the military, to link their illness to a specific incident that took place during their time in service.

A preexisting medical condition could also be service-related in the case that it was aggravated by active duty and not through natural progress of the disease. It is best to submit the doctor with a report explaining that the deterioration of the condition was caused by service, and not the natural progression.

Certain injuries and illnesses may be attributed to or aggravated because of service. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and other Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to submit a Notice of Dispute. If your lawyer is certified by VA and does not do this for you, you are able to complete the process on your own. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two options to request an additional level review. Both options should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review is given to prior decisions) review and either reverse the previous decision or affirm it. You could or might not be able to present new evidence. The other option is to request an appointment before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the most effective route for your appeal, so it's essential to discuss these issues with your VA-accredited attorney. They're experienced in this field and know what is the most appropriate option for your specific case. They are also aware of the challenges faced by disabled veterans, which can make them an effective advocate for you.

Time Limits

If you suffer from a disability which was created or worsened in the military, you can file a claim and receive compensation. You'll have to be patient as the VA examines and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before receiving a decision.

Many factors can influence how long it takes the VA to determine your claim. The amount of evidence that you submit will play a major role in the speed at which your application is reviewed. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.

The frequency you check in with the VA to check the status of your claim could affect the length of time it takes to process your claim. You can speed up the claim process by sending all documentation as quickly as you can, including specific information about the medical center you use, and sending any requested details.

You may request a higher-level review if you believe that the decision you were given regarding your disability was wrong. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. This review does not include any new evidence.