9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans disability Lawyer get tax-free income when their claims are accepted.

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

Aggravation

A veteran could be eligible to receive disability compensation for an illness that was worsened by their military service. This kind of claim is known as an aggravated disability and can be mental or physical. A licensed VA lawyer can help a former servicemember submit an aggravated claim. A claimant must prove through medical evidence or an independent opinion, that their pre-service medical condition was aggravated due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the physician's statement, the veteran is required to submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

In a veterans disability claim it is crucial to note that the condition being aggravated has to be different from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and witness to prove that their original condition wasn't just aggravated because of military service, but that it was more severe than it would have been had the aggravating factor weren't present.

In addressing this issue, VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and disagreement during the process of claiming. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Service-Connected Conditions

To qualify for benefits, the veteran must prove 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 because of specific service-connected amputations. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or those who knew them during the military, to link their illness to a specific incident that occurred during their time of service.

A pre-existing medical condition can be a service-related issue in the case that it was aggravated due to active duty service and not due to the natural progression of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was due to service, not just the natural development of the disease.

Certain injuries and illnesses can be presumed to be caused or aggravated by treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans disability lawyers exposure to radiation in Prisoners of war, and numerous Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be resulted or aggravated by military service. These are AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information regarding these presumptive diseases.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer who is accredited by the VA does not handle this for the client, then you must complete it on your own. This form is used to notify the VA that you are not satisfied with their decision and that you want a higher-level review of your case.

There are two routes to an upscale review, both of which you should carefully consider. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either overturn or uphold the earlier decision. You may be required 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.

It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They have experience and know what is best for your case. They also know the issues faced by disabled veterans and can be an effective advocate for you.

Time Limits

If you suffer from a condition that was caused or aggravated during your military service, you may file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your claim. It may take up to 180 days after the claim has been submitted before you get a decision.

There are many variables that can affect how long the VA will take to reach an decision on your claim. The amount of evidence you submit will play a major role in how quickly your claim is evaluated. The location of the field office handling your claim will also affect how long it takes for the VA to review your claim.

The frequency you check in with the VA to see the status of your claim can affect the time it takes to finish the process. You can accelerate the process by providing evidence promptly and by providing specific address information for the medical care facilities you use, and sending any requested information when it becomes available.

You can request a higher level review if you feel that the decision you were given regarding your disability was not correct. This means that you submit all the relevant facts of your case to a senior reviewer who can determine whether there was an error in the original decision. However, this review is not able to include any new evidence.