9 Things Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of his or her benefit application. Many veterans earn tax-free earnings when their claims are accepted.

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

Aggravation

A veteran might be able get disability compensation in the event of a condition worsened by their military service. This type of claim may be mental or physical. A VA lawyer who is certified can assist a former military member to file a claim for aggravated disabilities. A claimant must show using medical evidence or independent opinions that their medical condition prior to service was made worse due to active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to a doctor's statement in addition, the veteran will require medical records and lay assertions from friends or family members who can testify to the extent of their pre-service injuries.

In a veterans disability claim it is crucial to remember that the aggravated condition has to be different from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony to show that their initial condition wasn't simply aggravated because of military service, but was also more severe than what it would have been if the aggravating factor wasn't present.

In order to address this issue VA is proposing to align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and controversy during the process of making claims. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Conditions of Service

In order for a veteran to be eligible for benefits, they must show that their condition or illness is related to service. This is known as showing "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD veterans have to present lay evidence or testimony from people who knew them in the military, to link their condition to an specific incident that took place during their time of service.

A preexisting medical condition could be a result of service in the event that it was aggravated by their active duty service and not by natural progression of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was due to service, and not the natural progression of the disease.

Certain injuries and illnesses may be believed to be caused or aggravated by treatment. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. These are AL amyloidosis, chloracne, other acne-related conditions Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a procedure for appeals for appealing their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. 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 by the VA to let them know that you are not satisfied with their decision, and want a higher level review of your case.

You have two options for an additional level review. Both options should be carefully considered. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo (no consideration is given to previous decisions) review and either reverse the earlier decision or maintain it. You might or may not be able to present new evidence. You can also request an interview with a veterans disability lawsuits Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these issues with your lawyer who is accredited by the VA. They will have experience in this field and know what makes the most sense for your particular case. They also know the issues that disabled veterans face and can be more effective advocates on your behalf.

Time Limits

You can seek compensation if you have a disability that was acquired or worsened while serving in the military. It is important to be patient as the VA evaluates and makes a decision on your claim. It could take up to 180 days after the claim has been filed before you get an answer.

There are many variables that can affect how long the VA will take to make an informed decision on your claim. The amount of evidence you provide will play a major role in how quickly your claim is considered. The location of the field office handling your claim also influences how long it takes for the VA to review your claims.

Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to inquire about its progress. You can help accelerate the process by providing evidence as soon as you can, being specific in your information regarding the addresses of the medical care facilities that you use, and submitting 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 higher-level review. You will need to submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there an error in the initial decision. This review does not include any new evidence.