Nine Things That Your Parent Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans who have their claims accepted receive a monthly income which is tax-free.

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

Aggravation

A veteran might be able get disability compensation in the event of the condition that was caused by their military service. This type of claim is known as an aggravated disability. It could be either mental or physical. A VA lawyer who is qualified can help a former military member to file a claim for aggravated disabilities. A claimant must prove, with medical evidence or an independent opinion, that their medical condition prior to serving was made worse through active duty.

Typically, the best way to demonstrate that a condition prior to service was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion, the veteran is required to submit medical records as well as lay statements from family or friends who attest to their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans disability lawyer that the conditions that are aggravated must be different from the initial disability rating. An attorney who is a disability attorney can help the former soldier on how to provide sufficient medical evidence and proof that their original condition was not only caused 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 in these provisions has led to confusion and controversies during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

To be eligible for benefits, they must prove that their illness or disability is related to their service. This is referred to as "service connection." For some conditions, such as Ischemic heart disease or other cardiovascular diseases that manifest as a result of services-connected amputations is automatically granted. Veterans suffering from other ailments like PTSD, must provide lay testimony or evidence from those who were their friends during their service to link their condition with a specific incident that occurred during their time in the military.

A pre-existing medical condition can also be service related in the event that it was aggravated because of active duty, and not the natural progression of disease. The most effective way to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service and not the normal development of the condition.

Certain injuries and illnesses can be presumed to be caused or aggravated by service. They are known as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are also thought to be caused or worsened by military service. They include AL amyloidosis and chloracne as well as other acne-related conditions Porphyria Cutanea Tighta, Veterans Disability Lawyer tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not do 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 you want a higher-level review of your case.

There are two options available for higher-level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference given to the previous decision) and either overturn or uphold the earlier decision. You could or might not be able submit 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 all of these issues with your lawyer who is accredited by the VA. They'll have experience in this field and know what makes the most sense for your particular case. They are also aware of the difficulties that disabled veterans disability attorneys face, which makes them a better advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated in the military, you may file a claim to receive compensation. However, you'll need to be patient when it comes to the VA's process for taking a look at and deciding on your application. It could take up to 180 days after the claim has been filed before you are given a decision.

There are many factors that affect the time the VA will take to reach an assessment of your claim. The speed at which your claim will be considered is mostly determined by the quantity of evidence you submit. The location of the field office handling your claim will also impact the time it will take for the VA to review your claims.

How often you check in with the VA to see the status of your claim could also affect the time it takes to process. You can accelerate the process by submitting evidence promptly, being specific in your address information for the medical care facilities you use, and sending any requested information as soon as it is available.

You can request a more thorough review if it is your opinion that the decision based on your disability was unjust. You'll need to provide all the facts of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. This review doesn't contain any new evidence.