9 Things Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital part of submitting an application for benefits. Many veterans are eligible for tax-free income after their claims are approved.

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

Aggravation

veterans disability Lawyer could be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim is known as an aggravated disability and can be either mental or physical. A VA lawyer who is qualified can help an ex-military personnel make an aggravated disability claim. The claimant must prove via medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by a physician who specializes in the condition of the veteran. In addition to the doctor's opinion, the veteran is required to submit medical records and lay statements from family or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is important to remember that the aggravated condition has to be distinct from the original disability rating. An attorney for disability can guide the former service member on how to present sufficient medical evidence and testimony to prove that their condition was not only aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and disagreement during the process of making claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.

Service-Connected Conditions

To be eligible for benefits a veteran must prove that his or her condition or disability was caused by service. This is known as showing "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular conditions that develop as a result specific amputations that are connected to service. For other conditions, like PTSD, veterans must provide the evidence of laypeople or people who knew them in the military to prove their condition to a specific incident that occurred during their time of service.

A pre-existing medical issue can be a service-related issue when it was made worse by active duty, and not the natural progression of disease. The best method to prove this is to present an opinion from a doctor that states that the aggravation was due to service and not just the normal development of the condition.

Certain illnesses and injuries are believed to have been caused or aggravated due to service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawsuit, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical illnesses are also thought to be aggravated or caused by service. They include AL amyloidosis, chloracne or other acne-related conditions, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney is likely to complete this for you but if not, you are able to file it yourself. This form is used to notify the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.

There are two options to request a higher level review. Both options should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. It is possible that you will be able not required to submit a new proof. Another option is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these issues with your lawyer who is accredited by the VA. They'll have experience and will know the best route for your situation. They are also aware of the challenges that disabled veterans disability attorney face and can be an effective advocate on your behalf.

Time Limits

If you suffer from a condition that was acquired or worsened during military service, you may file a claim to receive compensation. However, you'll need patient during the process of review and deciding on the merits of your claim. It could take up to 180 calendar days after filing your claim before you get a decision.

Many factors can influence the time it takes for the VA to consider your claim. The amount of evidence you provide is a significant factor in the speed at which your application is evaluated. The location of the VA field office which will be reviewing your claim will also affect the length of time required to review.

How often you check in with the VA on the status of your claim can affect the length of time it takes to process your claim. You can help accelerate the process by providing evidence promptly and by providing specific details regarding the address of the medical facilities you use, and sending any requested information immediately when it becomes available.

If you believe that there has been a mistake in the decision made regarding your disability, you are able to request a more thorough review. You must submit all the details of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. This review does not include any new evidence.