10 Things That Your Family Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.

It's no secret that VA is a long way behind in processing disability claims from veterans disability lawyer. The process can take months or even years.

Aggravation

A veteran may be able to claim disability compensation for a condition caused by their military service. This type of claim is known as an aggravated impairment and can be either physical or mental. A VA lawyer who is certified can assist an ex-military personnel to file a claim for aggravated disabilities. The claimant must prove by proving medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to the doctor's opinion, the veteran should also submit medical records as well as lay statements from family or friends who attest to their pre-service condition.

When a claim for disability benefits from veterans, it is important to remember that the aggravated condition must be distinct from the original disability rating. A disability attorney can advise a former servicemember on how to present sufficient medical evidence and evidence to show that their condition was not only caused through military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversies in the process of claiming. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Service-Connected Terms

To qualify a veteran for benefits, they must prove that their illness or disability is connected to service. This is known as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular conditions that develop because of specific amputations that are connected to service. For other conditions, such as PTSD the veterans must present the evidence of laypeople or people who were their friends in the military, in order to connect their condition to a specific incident that occurred during their time of service.

A preexisting medical condition could also be service-related in the case that it was aggravated by active duty and not due to the natural progression of the disease. It is recommended to present an explanation from a doctor that the aggravation of the condition was caused by service and not the natural progression.

Certain injuries and illnesses may be believed to be caused or aggravated because of treatment. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or caused by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, 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 filing a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however, if not, you may file it yourself. This form allows you to inform the VA you disagree with their decision and you want a higher-level review of your case.

There are two options available for a higher level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference given to the decision made previously) and then either reverse or confirm the earlier decision. You may be required or not required to submit a new proof. The alternative is to request a hearing with an Veterans Law Judge at the Board of veterans disability lawsuits' Appeals in Washington, D.C.

It is important to discuss all of these issues with your VA-accredited attorney. They'll have expertise in this field and know the best option for your particular situation. They are also familiar with the challenges faced by disabled veterans, which makes them an effective advocate for you.

Time Limits

You can apply for compensation if you have an illness that you developed or worsened while serving in the military. However, you'll need to be patient during the VA's process of considering and deciding about your application. It may take up to 180 days after the claim has been filed before you get an answer.

There are many factors that influence how long the VA will take to reach an informed decision on your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you provide. The location of the VA field office which will be evaluating your claim can also impact the time it takes to review your claim.

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 by submitting all evidence as quickly as possible, providing specific details about the medical facility you use, as well as sending any requested details.

If you think there was an error in the decision made regarding your disability, you are able to request a more thorough review. You will need to submit all of the facts about your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. However, this review is not able to contain new evidence.