12 Companies Are Leading The Way In Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans who have their claims approved receive additional income each month which is tax-free.

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

Aggravation

veterans disability lawyers could be qualified for disability compensation if their condition was aggravated due to their military service. This type of claim could be either mental or physical. A qualified VA lawyer can assist the former service member submit an aggravated claim. The claimant must prove, through medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to a physician's declaration the veteran will be required to provide medical records and lay assertions from family members or friends who can confirm the seriousness of their pre-service ailments.

It is crucial to remember in a claim to be disabled by a veteran that the conditions that are aggravated must be different than the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and witness to establish that their original condition wasn't merely aggravated due to military service, however, it was much worse than what it would have been if the aggravating factor had not been present.

In order to address this issue VA is proposing to change the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of 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 root of litigation.

Service-Connected Terms

To be eligible for benefits veterans must prove his or her condition or disability was caused by service. This is known as "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that arise as a result of Amputations that are connected to service, the service connection is automatically granted. Veterans suffering from other ailments, like PTSD, must provide lay testimony or lay evidence from people who were close to them during their time in service to connect their condition with a specific incident that occurred during their military service.

A preexisting medical issue could be a result of service if it was aggravated through active duty and not due to the natural progression of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was due to service, and not simply the natural progress of the disease.

Certain illnesses and injuries may be attributed to or aggravated because of service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are also suspected to have been resulted or aggravated by military service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you, but if they do not, you may file it yourself. This form allows you to inform the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two paths to an upper-level review, both of which you should carefully consider. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference to the earlier decision) and then either reverse or affirm the earlier decision. You might or may not be able to submit new evidence. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your VA-accredited attorney. They'll have experience and Firm know what is best for your case. They also know the issues faced by disabled veterans, which can make them a stronger advocate for firm you.

Time Limits

You can claim compensation if you have a disability that you acquired or worsened in the course of serving in the military. It is important to be patient while 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 are given an answer.

Many factors can influence the time it takes for the VA to determine your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you have submitted. The location of the field office that is responsible for your claim also influences the time it will take for the VA to review your claim.

The frequency you check in with the VA regarding the status of your claim could affect the length of time it takes to finish the process. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can, including specific details about the medical facility you use, as well as sending any requested information.

If you believe that there has been an error in the decision regarding your disability, you can request a more thorough review. This means that you submit all the evidence in your case to a senior reviewer who can determine whether there was an error in the original decision. This review doesn't contain any new evidence.