9 Things Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of disability for a veteran is a crucial element of the application for benefits. 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 processing veteran disability claims. It could take months, even years for a determination to be made.

Aggravation

A veteran might be able to claim disability compensation for a condition that was worsened due to their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A skilled VA lawyer can assist former service members to file an aggravated disability claim. A claimant has to prove through medical evidence or independent opinions that their medical condition prior to service was made worse by active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to the physician's statement, the veteran must also submit medical records and the lay statements of family or friends who can attest to their pre-service condition.

In a claim for a disability benefit for veterans, it is important to remember that the aggravated condition has to be different from the original disability rating. A disability lawyer can guide the former soldier on how to provide the proper medical evidence and testimony to establish that their original health condition was not merely aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversy during the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions that are associated with Service

To be eligible for benefits, veterans disability attorney must show that their health or disability was caused by service. This is known as "service connection." For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is automatically granted. For other conditions, such as PTSD the veterans must present lay evidence or testimony from people who were their friends in the military, in order to connect their condition to an specific incident that took place during their time in service.

A preexisting medical condition may be a result of service in the event that it was aggravated through active duty and not caused by the natural progress of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was caused by service, not just the natural progress of the disease.

Certain injuries and illnesses are presumed to have been caused or aggravated due to service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Certain chronic diseases and tropical diseases are also suspected to have been caused or aggravated from service. These include AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not do this for the client, then you must do it on your own. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.

There are two paths to an upscale review and both of them are options you should carefully consider. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo review (no deference given to the earlier decision) and either overturn or affirm the decision made earlier. You may or may not be allowed to submit new evidence. The other path is to request an interview before a veterans disability Lawyer Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the best lane for your appeal, and it is important to discuss these issues with your VA-accredited attorney. They're experienced and know what's best for your situation. They also know the issues that disabled veterans face which makes them more effective advocates for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened during your time in the military. You'll need to be patient while the VA evaluates and makes a decision on your application. It could take up 180 days after your claim is submitted before you get a decision.

There are many factors which can impact the length of time the VA will take to make an assessment of your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence that you submit. The location of the VA field office that will be reviewing your claim could also impact the time it takes to review your claim.

The frequency you check in with the VA on the status of your claim can also affect the time it takes to finish the process. You can accelerate the process by submitting your evidence promptly and being specific in your address information for the medical care facilities you use, and sending any requested information when it becomes available.

You could request a higher-level review if it is your opinion that the decision made on your disability was unjust. This involves submitting all the relevant facts of your case to an experienced reviewer who will determine if there was an error in the original decision. This review does not contain any new evidence.