10 Meetups About Veterans Disability Lawyer You Should Attend

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans get tax-free income when their claims are granted.

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

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 may be physical or mental. A VA lawyer who is qualified can assist an ex-military member to file a claim for aggravated disabilities. A claimant must demonstrate via 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 that will demonstrate the severity of the condition prior to service. In addition to a doctor's report, the veteran will also have to submit medical records as well as lay statements from family or friends who can confirm the severity of their pre-service conditions.

It is important to note in a claim to be disabled by a veteran that the aggravated conditions must be different than the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to show that their initial condition wasn't only aggravated due to military service, but was also more severe than it would have been had the aggravating factor hadn't been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversy in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Service-Connected Terms

To be eligible for benefits, veterans must show that the cause of their health or disability was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases and other cardiovascular disease that develops because of specific amputations linked to service. For other conditions, such as PTSD veterans have to present the evidence of laypeople or those who knew them during the military, in order to connect their condition to a specific incident that took place during their time of service.

A preexisting medical condition may be service-related if it was aggravated through active duty and not due to the natural progress of the disease. The best way to prove this is by providing the opinion of a doctor that the ailment was due to service and not the normal progression of the condition.

Certain injuries and illnesses may be believed to be caused or aggravated because of service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a system for appealing their decision on whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not handle this for you, you are able to complete it on your own. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two options to request an additional level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and either overturn or affirm the earlier decision. You may be able or not required to submit a new proof. You can also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the best lane for your appeal, and it's important to discuss these options with your VA-accredited attorney. They're experienced in this field and know what makes sense for your specific case. They also know the difficulties that disabled veterans disability lawyers face and can be an ideal advocate for you.

Time Limits

You can claim compensation if you suffer from a disability that you acquired or worsened while serving in the military. You'll need to be patient as the VA reviews and decides on your claim. You could have to wait up to 180 calendar days after submitting your claim before you receive an answer.

Many factors affect the time it takes for the VA to determine your claim. The amount of evidence that you submit will play a big role in how quickly your application is considered. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.

The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to process. You can help accelerate the process by submitting proof as soon as possible and firm being specific in your information regarding the addresses of the medical care facilities you utilize, and providing any requested information as soon as it is available.

If you believe there was a mistake in the determination of your disability, you are able to request a higher-level review. You will need to submit all the details of your case to an experienced reviewer who will determine whether there was a mistake in the original decision. The review doesn't include any new evidence.