Nine Things That Your Parent Taught You About Veterans Disability Lawyer

How to File a veterans disability lawyer Disability Claim

The veteran's claim for disability is an important component of the application process for benefits. Many veterans who have their claims accepted receive additional income each month which is tax-free.

It's not secret that VA is behind in the processing of claims for disability from veterans disability lawsuit. It could take months, even years for a decision to be made.

Aggravation

Veterans 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 can be mental or physical. A VA lawyer who is competent can help an ex-military person to file a claim for aggravated disabilities. A claimant has to prove through medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to the doctor's statement the veteran should also submit medical records as well as statements from family members or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans it is essential to remember that the condition that is aggravated must be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and witness to prove that their original condition wasn't only aggravated because of military service, but that it was more severe than what it would have been if the aggravating factor wasn't present.

In addressing this issue, VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversy in the process of making claims. 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

In order for a veteran to be eligible for benefits, they must prove that their condition or illness is linked to service. This is known as showing "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular disease that develops as a result specific amputations that are connected to service. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from people who were their friends in the military, to connect their illness to a specific incident that took place during their time of service.

A preexisting medical condition could be service-related in the event that it was aggravated through active duty and not caused by the natural progress of the disease. The best method to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not just the normal progression of the condition.

Certain ailments and injuries are believed to be caused or aggravated due to service. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans disability attorneys and radiation exposure in prisoner of war, and different Gulf War conditions. Some chronic diseases and tropical diseases are also believed to have been caused or aggravated by service. These include AL amyloidosis and chloracne as well as other acne-related diseases and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to file this on your behalf but if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and would like a more thorough review of your case.

There are two paths to a more thorough review and both of them are options you should consider carefully. One option is to request a private 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 earlier decision or maintain it. It is possible that you will be able not required to provide new proof. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these aspects with your lawyer who is accredited by the VA. They'll have expertise in this field and know what is the most appropriate option for your specific case. They also know the difficulties faced by disabled veterans and can be a better advocate for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened during your time in the military. However, you'll need patient when it comes to the VA's process for review and deciding on your application. It may take up to 180 days after the claim has been filed before you are given an answer.

There are a variety of factors which can impact the length of time the VA takes to make an decision on your claim. How quickly your application will be considered is mostly determined by the volume of evidence you submit. The location of the field office that handles your claim will also impact the time it will take for the VA to review your claim.

How often you check in with the VA to see the status of your claim can also affect the time it takes to complete the process. You can help accelerate the process by submitting your evidence promptly and being specific in your details regarding the address of the medical facilities you use, and submitting any requested information as soon as it's available.

You can request a higher level review if you believe that the decision you were given regarding your disability was incorrect. This involves submitting all relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the initial decision. This review does not contain any new evidence.