10 Things That Your Family Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a veteran for disability is a crucial part of the application for benefits. Many veterans are eligible for tax-free income after their claims are approved.

It's not secret that VA is behind in processing disability claims of veterans. The process can take months or even years.

Aggravation

veterans Disability attorney could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim may be either mental or physical. A qualified VA lawyer can assist former service members submit an aggravated claim. A claimant must prove by proving medical evidence or independent opinions, that their medical condition prior to serving was aggravated due to active duty.

Typically the most effective method to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to a physician's declaration the veteran will also have to submit medical records and lay declarations from family or friends who can testify to the severity of their pre-service conditions.

In a veterans disability claim it is crucial to remember that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to show that their initial condition wasn't only aggravated by military service, but it was worse than what it would have been if the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these provisions has led to confusion and disagreement during the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Service-Connected Terms

To be eligible for benefits, the veteran must prove that the cause of their condition or disability was caused by service. This is known as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases and other cardiovascular disease that develops because of specific amputations that are connected to service. For other conditions, like PTSD the veterans must present documents or evidence from people who were their friends in the military, to connect their condition with a specific incident that occurred during their service.

A pre-existing medical condition could be a result of service when it was made worse due to active duty service and not as a natural progression of disease. The most effective method to establish this is by submitting the opinion of a doctor that the aggravation was due to service and not the normal progress of the condition.

Certain injuries and illnesses can be believed to be caused or aggravated due to service. These are called "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans disability lawsuits as well as exposure to radiation for Prisoners of War, as well as various Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by service. These include AL amyloidosis, chloracne or other acneform diseases and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is to file a Notice Of Disagreement. If your lawyer is certified by VA and does not take this step for you, then you're able to do it yourself. This form is used by the VA to inform them that you do not agree with their decision, and you would like a higher-level review of your case.

You have two options for an additional level review. Both should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo (no review of previous decisions) review and either reverse the previous decision or affirm it. You may be required or not required to submit a new proof. The alternative is to request an interview with an 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, and it's essential to discuss these options with your VA-accredited attorney. They're experienced in this field and know the best option for your particular situation. They also understand the challenges that disabled veterans face, which can make them more effective advocates on your behalf.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened as a result of serving in the military. It is important to be patient as the VA reviews and decides on your claim. It could take as long as 180 days after the claim has been filed before you receive an answer.

There are many factors that influence how long the VA is able to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence that you submit. The location of the VA field office that will be reviewing your claim will also affect the length of time it takes.

The frequency you check in with the VA on the status of your claim could affect the length of time it takes to process your claim. You can accelerate the process by submitting all evidence as quickly as you can, including specific information about the medical facility you use, and providing any requested information.

You may request a higher-level review if it is your opinion that the decision made on your disability was incorrect. You'll have to submit all the details of your case to an experienced reviewer, who will decide whether there an error in the original decision. This review doesn't contain any new evidence.