Nine Things That Your Parent Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a veteran for disability is a crucial component of the application process for benefits. Many veterans receive tax-free income when their claims are granted.

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

Aggravation

veterans disability lawsuit may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability. It could be either physical or mental. A qualified VA lawyer can assist the former soldier to file an aggravated disability claim. A claimant has to prove, through medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to a physician's declaration, the veteran will also have to submit medical records and lay statements from family or friends who can testify to the severity of their pre-service conditions.

When a claim for disability benefits from veterans it is essential to be aware that the condition that is aggravated must be distinct from the original disability rating. A disability lawyer can guide the former service member on how to provide sufficient medical evidence and testimony to establish that their original condition was not only aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these regulations has led to confusion and disagreement during the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions that are associated with Service

To be eligible for benefits, they must show that their condition or illness is related to their service. This is referred to as proving "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that develop because of Amputations that are connected to service, the service connection is granted automatically. Veterans suffering from other conditions such as PTSD are required to provide lay testimony or lay evidence from those who knew them during their time in service to connect their condition with a specific event that occurred during their military service.

A preexisting medical condition could be service-related if it was aggravated by their active duty service and not through natural progression of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was caused by service, and not simply the natural progression of the disease.

Certain illnesses and injuries may be attributed to or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are also suspected to have been resulted or aggravated by military service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not do this for you, you are able to complete the process on your own. This form is used to inform the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.

There are two routes to a higher-level review, both of which you should take into consideration. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an in-person (no consideration is given to previous decisions) review and either reverse the previous decision or affirm the decision. You could be able or not be required to present new evidence. Another option 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 these aspects with your VA-accredited lawyer. They will have experience in this area and will know what makes the most sense for your particular case. They are also familiar with the difficulties that disabled veterans face which makes them an effective advocate for you.

Time Limits

If you suffer from a condition that was incurred or worsened during your military service, you can file a claim to receive compensation. But you'll need to be patient with the VA's process of reviewing and deciding on your claim. It could take up to 180 calendar days after filing your claim to receive an answer.

Many factors can influence how long it takes the VA to decide on your claim. The amount of evidence you submit is a significant factor in how quickly your claim is reviewed. The location of the VA field office which will be evaluating your claim will also affect the length of time it takes.

Another aspect that could affect the time required for your claim to be processed is the frequency at which you contact the VA to check its progress. You can speed up the process by submitting your evidence whenever you can and being specific in your details regarding the address of the medical facilities you use, and submitting any requested information immediately when it becomes available.

You can request a higher level review if it is your opinion that the decision made on your disability was not correct. This means that you submit all the facts that exist in your case to an expert reviewer who can determine whether there was an error in the initial decision. This review does not include any new evidence.