9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital part of the application for benefits. Many veterans who have their claims approved receive additional monthly income that is tax free.

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

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A qualified VA lawyer can help the former service member to file an aggravated disability claim. A claimant needs to prove, through medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to the doctor's report, the veteran is required to submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

In a veterans disability claim it is crucial to remember that the condition that is aggravated must differ from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimony in order to show that their initial condition wasn't only aggravated due to military service, but was also more severe than it would have been if the aggravating factor had not been present.

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 difference in the wording of these provisions has created confusion and controversy regarding the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits veterans must prove the condition or disability was caused by service. This is known as showing "service connection." For some ailments, like ischemic heart disease, or other cardiovascular diseases that develop as a result of services-connected amputations is automatically granted. For other conditions, such as PTSD the veterans disability lawsuit must present witnesses or lay evidence from people who were their friends in the military, in order to connect their condition with a specific incident that occurred during their time of service.

A pre-existing medical problem can also be service related in the case that it was aggravated due to active duty service and not as a natural progression of disease. The most effective method to prove this is to present the opinion of a doctor that the aggravation was due to service, and not the normal development of the condition.

Certain illnesses and injuries are presumed to have been caused or worsened by service. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans disability lawyer exposure to radiation in Prisoners of War, and other Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been caused or aggravated from service. They include AL amyloidosis and Veterans Disability chloracne as well as other acne-related conditions such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer is certified by VA and does not do this for you, then you can 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 to request a higher level review. Both should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or uphold the earlier decision. You might or may not be allowed to submit new evidence. The other path is to request an appointment with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most appropriate route for veterans disability your appeal, and it's important to discuss these options with your attorney who is accredited by the VA. They have experience and know the best option for your situation. They are also aware of the challenges that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

If you have a disability that was incurred or worsened during military service, you can file a claim and receive compensation. But you'll need to be patient during the VA's process for reviewing and deciding on your claim. You could have to wait up to 180 calendar days after submitting your claim before you receive an answer.

There are many factors that affect the time the VA is able to make an assessment of your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you have submitted. The location of the field office that is responsible for your claim will also impact the time it takes for the VA to review your claims.

The frequency you check in with the VA to check the status of your claim can affect the length of time it takes to finish the process. You can accelerate the process by submitting proof whenever you can and being specific in your information regarding the addresses of the medical facilities you use, and submitting any requested information as soon as it's available.

You can request a more thorough review if you feel that the decision based on your disability was not correct. This involves submitting all the relevant facts of your case to an expert reviewer who can determine whether there was an error in the original decision. But, this review will not include new evidence.