Nine Things That Your Parent Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital part of the application for benefits. Many veterans who have their claims approved receive a monthly income which is tax-free.

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

Aggravation

A veteran may be able to receive compensation for disability due to a condition caused by their military service. This type of claim is called an aggravated disability. It can be mental or physical. A skilled VA lawyer can help former service members make 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.

Typically the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion from an expert in the disabled veteran. In addition to a doctor's statement the veteran will need to submit medical records and lay declarations from family or friends who are able to confirm the severity of their pre-service condition.

In a veterans disability claim it is essential to note that the condition that is aggravated must be different from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony in order to show that their initial condition wasn't merely aggravated because of military service, but was also more severe than it would have been had the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and debate in the claims process. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Conditions Associated with Service

To qualify a veteran for Veterans Disability benefits, they must prove that their illness or disability is related to their service. This is known as "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases and other cardiovascular diseases that develop as a result specific amputations that are connected to service. For other conditions, such as PTSD the veterans disability law firms must present lay evidence or testimony from those who knew them during the military, to link their condition to a specific incident that occurred during their time of service.

A preexisting medical problem could be service-related if it was aggravated through active duty and not by natural progress of the disease. It is advisable to provide an official report from a doctor that explains that the aggravation of the condition was caused by service and not the natural progression.

Certain injuries and illnesses are presumed to have been caused or aggravated by the service. These are known 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 diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a system for appealing their decision to award or veterans disability deny benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to submit this form on your behalf but if not, you are able to file it yourself. This form is used to inform the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.

You have two options for higher-level review. Both should be carefully considered. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration is given to previous decisions) review and either overturn the previous decision or affirm it. You may be able or not required to provide new proof. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the most effective route for your appeal, and it is important to discuss these issues with your attorney who is accredited by the VA. They'll have experience and know what is best for your case. They are also well-versed in the difficulties that disabled veterans disability attorney face and can be an effective advocate for you.

Time Limits

You may be eligible for compensation if you have an illness that you developed or worsened during your time in the military. You'll need to be patient while the VA reviews and decides on your application. It could take up to 180 calendar days after submitting your claim to receive an answer.

Many factors affect the time it takes for VA to decide on your claim. The amount of evidence you submit will play a significant role in the speed at which your application is considered. The location of the field office responsible for your claim will also impact the time it takes for the VA to review your claims.

Another factor that can impact the time required for your claim to be processed is how often you contact the VA to check its progress. You can accelerate the process by submitting your evidence as soon as possible, being specific in your address information for the medical care facilities that you use, and sending any requested information when it becomes available.

You may request a higher-level review if you feel that the decision you were given regarding your disability was incorrect. You will need to submit all the details of your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.