10 Things That Your Family Taught 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 accepted receive additional income each month that is tax-free.

It's not a secret that the VA is a long way behind in processing disability claims for veterans. A decision can take months or even years.

Aggravation

veterans disability lawsuits may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It could be mental or physical. A competent VA lawyer can help former service members to file an aggravated disability claim. A claimant has to prove, with medical evidence or independent opinions that their pre-service medical condition was aggravated through active duty.

Typically, the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to a doctor's statement the veteran will require medical records and lay assertions from family or friends who can confirm the severity of their pre-service condition.

It is vital to remember when submitting a claim for disability benefits for veterans that the condition being aggravated has to be different from the initial disability rating. A disability lawyer can guide a former servicemember on how to provide the proper medical evidence and proof that their original condition was not only aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language in these regulations has caused confusion and disagreement during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To be eligible for benefits, they must show that their condition or illness is related to service. This is known as proving "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that manifest because of service-connected amputations, service connection is automatically granted. Veterans suffering from other conditions like PTSD, must provide lay testimony or evidence from people who knew them during their time in the military to connect their condition to a specific event that occurred during their time in the military.

A preexisting medical issue could also be service-related in the event that it was aggravated by their active duty service and not by natural progression of the disease. The best way to establish this is by submitting a doctor's opinion that states that the aggravation was due to service and not just the normal progression of the disease.

Certain illnesses and injuries are presumed to have been caused or worsened by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been aggravated or caused by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for the client, then you must complete it on your own. This form is used by the VA to inform them that you do not agree with their decision and you would like a higher-level review of your case.

There are two ways to get an upper-level review one of which you should carefully consider. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no review is given to the previous decisions) review and either reverse the earlier decision or confirm it. You may be able or not to submit new proof. The other path is to request an appointment with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss these issues with your VA-accredited lawyer. They'll have expertise in this field and know what makes sense for your specific case. They also know the difficulties that disabled veterans face which makes them more effective advocates for you.

Time Limits

If you suffer from a condition that was acquired or worsened in the military, you can file a claim to receive compensation. You'll need to wait while the VA examines and decides on your claim. You could have to wait up to 180 calendar days after submitting your claim before you get a decision.

Numerous factors can affect the time it takes for VA to make a decision on your claim. The amount of evidence that you submit will play a major role in the speed at which your claim is reviewed. 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 see the status of your claim could influence the time it takes to process. You can help speed up the process by submitting proof 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 when it becomes available.

You could request a higher-level review if you feel that the decision you were given regarding your disability was unjust. This involves submitting all the existing facts in 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.