9 . What Your Parents 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 an additional monthly income that is tax free.

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

Aggravation

A veteran could be eligible to receive compensation for disability due to an illness that was caused by their military service. This type of claim could be mental or physical. A VA lawyer who is qualified can help an ex-military person submit an aggravated disabilities claim. The claimant must prove, through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion that demonstrates the severity of the condition prior to service. In addition to the doctor's report, the veteran must also submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans it is crucial to keep in mind that the aggravated condition must be distinct from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to show that their initial condition wasn't merely 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 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 controversy in the process of claiming. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Conditions Associated with Service

To be eligible for benefits, a veteran must prove that their impairment or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such ischemic heart diseases or other cardiovascular disease that develops due to specific service-connected amputations. For other conditions, such as PTSD, veterans must provide witnesses or lay evidence from people who knew them in the military to prove their condition to an specific incident that took place during their time of service.

A preexisting medical issue could be a result of service in the event that it was aggravated through active duty and not through natural progression of the disease. It is recommended to present a doctor's report that explains that the deterioration of the condition was due to service, not just the natural progression.

Certain ailments and injuries can be attributed to 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 various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or triggered by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, you are able to do it yourself. This form is used by the VA to inform them that you do not agree with their decision, and want a higher level review of your case.

You have two options for a more thorough review. Both should be carefully considered. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct an de novo review (no deference given to the previous decision) and then either reverse or affirm the earlier decision. It is possible that you will be able not be required to present new evidence. You may also request an appointment with a Veterans Disability Lawyer Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss all of these issues with your VA-accredited attorney. They will have experience and know the best option for your case. They are also well-versed in the challenges faced by disabled veterans disability lawyer and can be a better advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that was acquired or worsened while serving in the military. You'll have to be patient as the VA evaluates and makes a decision on your application. It could take as long as 180 days after your claim is filed before you get a decision.

There are many factors which can impact the length of time the VA will take to make a decision on your claim. The amount of evidence that you submit will play a big role in how quickly your application is evaluated. The location of the VA field office who will review your claim can also impact the time it takes to review your claim.

The frequency you check in with the VA to check the status of your claim can also affect the time it takes to finish the process. You can speed up the claim process by making sure to submit all evidence as swiftly as you can, including specific details about the medical center you use, and sending any requested details.

You could request a higher-level review if you feel that the decision based on your disability was wrong. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.