10 Tips For Getting The Most Value From Veterans Disability Lawyer

How to File a Veterans Disability Claim

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

It's no secret that the VA is way behind in processing disability claims made by veterans. A decision can take months or even years.

Aggravation

A veteran could be eligible to claim disability compensation for a condition that was worsened due to their military service. This type of claim can be mental or physical. A VA lawyer who is competent can assist an ex-military member file an aggravated disabilities claim. A claimant has to prove by proving medical evidence or independent opinions that their medical condition prior to serving was made worse through active duty.

Typically the best way to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert in the veteran's disability. In addition to the doctor's opinion, the veteran must also provide medical records and statements from relatives or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans it is essential to keep in mind that the condition that is aggravated must be distinct from the initial disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony in order to prove that their previous condition wasn't merely aggravated due to military service, but it was worse than it would have been had the aggravating factor lawyers weren't present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions 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 source of litigation.

Conditions Associated with Service

To be eligible for benefits veterans must prove the condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like ischemic heart diseases or other cardiovascular conditions that develop due to specific amputations linked to service. Veterans suffering from other ailments such as PTSD and PTSD, are required to provide lay testimony or evidence from those who were their friends during their time in service to connect their condition to a specific incident that occurred during their military service.

A preexisting medical issue could be service-related if it was aggravated by their active duty service and not caused by the natural progression of the disease. The most effective way to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service and not the normal progress of the condition.

Certain illnesses and injuries may be presumed to be caused or aggravated due to 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 other Gulf War conditions. Some chronic diseases and tropical illnesses are assumed to have been aggravated or caused by 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.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to make a notice of disagreement. If your lawyer who is accredited by the VA does not take this step for the client, then you must complete the process on your own. This form is used to notify the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two ways to get a higher-level review one of which you must carefully consider. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will perform an in-person (no consideration of previous decisions) review and either reverse the earlier decision or confirm it. You could or might not be allowed to submit new evidence. The other path is to request an appointment with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the best lane for your appeal, and it is important to discuss these issues with your VA-accredited attorney. They'll have experience in this field and know what makes sense for your particular situation. They also know the issues faced by disabled veterans and can help them become more effective advocates on your behalf.

Time Limits

If you have a disability that was incurred or worsened during your military service, you may file a claim to receive compensation. You'll need to be patient as the VA reviews and decides on your application. It may take up to 180 days after your claim is submitted before you get an answer.

There are many factors that can affect how long the VA is able to make an assessment of your claim. The amount of evidence you submit is a significant factor in the speed at which your claim is considered. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.

How often you check in with the VA to see the status of your claim can affect the length of time it takes to finish the process. You can help accelerate the process by submitting evidence as soon as you can by being specific with your address details for the medical facilities you utilize, and providing any requested information when it becomes available.

You can request a more thorough review if you believe that the decision made on your disability was wrong. You'll need to provide all of the facts about your case to an experienced reviewer, who can determine whether there an error in the original decision. However, this review is not able to include any new evidence.