9 Things Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of disability for a veteran is a key part of submitting an application for benefits. Many veterans disability lawsuit receive tax-free income when their claims are approved.

It's no secret that VA is behind in processing veteran disability claims. It can take months or even years for a determination to be made.

Aggravation

A veteran may be able get disability compensation in the event of a condition that was worsened due to their military service. This type of claim is referred to as an aggravated impairment and can be mental or physical. A VA lawyer who is competent can assist an ex-military person submit an aggravated disabilities claim. A claimant must show by proving medical evidence or independent opinions, that their pre-service medical condition was aggravated by active duty.

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

It is crucial to remember in a veterans Disability lawyer disability claim that the aggravated condition must be different from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony to prove that their original condition wasn't just aggravated because of military service, but that it was 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 & 3.310. The differing language used in these provisions has caused confusion and controversy 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 litigation and confusion.

Service-Connected Conditions

To be eligible for benefits veterans must prove the cause of their condition or disability was caused by service. This is known as showing "service connection." For certain ailments, like Ischemic heart disease and other cardiovascular diseases that arise due to specific Amputations that are connected to service, the service connection is automatically granted. Veterans with other conditions, like PTSD need to provide the evidence of lay witnesses or from people who knew them during their service to establish a connection between their condition to an specific incident that occurred during their military service.

A preexisting medical condition may also be service-connected in the event that it was aggravated by active duty and not by natural progression of the disease. The most effective method to prove this is by providing the opinion of a doctor that the aggravation was due to service and not just the normal progress of the condition.

Certain injuries and illnesses are believed to be caused or aggravated by the service. These are known as "presumptive diseases." 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 diseases are suspected to have been caused or worsened by military service. These are AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these probable diseases.

Appeal

The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, then you can do it on your own. This form is used by the VA to inform them that you disagree with their decision and would prefer a more thorough review of your case.

There are two routes to a more thorough review and both of them are options you should consider carefully. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no consideration of previous decisions) review and either overturn the earlier decision or uphold the decision. You could or might not be able submit new evidence. The alternative is to request an interview with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They're experienced and know what is best for your case. They also know the issues that disabled veterans face and can help them become more effective advocates for you.

Time Limits

If you have a disability that was acquired or worsened during your military service, you could file a claim in order to receive compensation. But you'll have to be patient when it comes to the VA's process of reviewing and deciding on your claim. You may need to wait up to 180 calendar days after submitting your claim before receiving a decision.

There are a variety of factors which can impact the length of time the VA will take to reach a decision on your claim. The amount of evidence you submit will play a major role in the speed at which your application is reviewed. The location of the field office that is responsible for your claim can also influence the time it takes for the VA to review your claim.

Another factor that can impact the time it takes for your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process by submitting proof as soon as possible, being specific in your address information for the medical facilities you use, and sending any requested information as soon as it's available.

If you believe that there has been an error in the determination of your disability, then you can request a higher-level review. This means that you submit all the evidence in your case to an expert reviewer who can determine whether there was an error in the original decision. This review does not include any new evidence.