The 9 Things Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The veteran's claim for disability is a key 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 VA is behind in the processing of claims for disability from veterans disability law firm. A decision can take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This kind of claim can be mental or physical. A competent VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions, that their medical condition prior to service was made worse through active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to the doctor's opinion, the veteran is required to submit medical records and statements from family members or friends who can attest to their pre-service condition.

In a veterans disability claim, it is important to keep in mind that the condition that is aggravated must be distinct from the initial disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimonies to prove that their original condition wasn't simply aggravated due to military service, but that it was more severe than it would have been if the aggravating factor had not been present.

In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy during the process of filing claims. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To qualify for benefits, the veteran must prove that his or her disability or illness was caused by service. This is known as showing "service connection." Service connection is automatically granted for veterans disability certain ailments, like ischemic heart diseases or other cardiovascular disease that develops due to specific amputations linked to service. Veterans suffering from other ailments, like PTSD need to provide the evidence of lay witnesses or from those 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 pre-existing medical condition could be a result of service in the case that it was aggravated because of active duty and not as a natural progression of disease. The best method to establish this is by submitting the opinion of a doctor that the aggravation was due to service and not the normal progression of the disease.

Certain illnesses and injuries are presumed to have been caused or worsened by service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or triggered by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeals

The VA has a procedure for appeals for appealing their decision on whether or not they will grant benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not take this step for you, then you can do it on your own. This form is used to tell the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

You have two options for a higher level review. Both options should be considered carefully. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo review (no deference given to the previous decision) and either reverse or affirm the earlier decision. You may or may not be able to present new evidence. The other option is to request an interview with a veterans disability attorney Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these factors with your lawyer who is accredited by the VA. They'll have experience in this area and will know what makes sense for your particular situation. They are also aware of the challenges faced by disabled veterans which makes them an ideal advocate for you.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened in the course of serving in the military. You'll need to be patient while the VA evaluates and makes a decision on your application. It could take up to 180 calendar days after filing your claim before you receive a decision.

There are many variables that affect the time the VA is able to make an decision on your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you submit. The location of the VA field office that will be reviewing your claim can also influence the time it takes to review your claim.

Another factor that can impact the time it takes for your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process by submitting proof as soon as you can, being specific in your information regarding the addresses of the medical care facilities you utilize, and providing any requested information when it becomes available.

If you believe there has been an error in the decision on your disability, you are able to request a higher-level review. This involves submitting all existing facts in your case to a senior reviewer who can determine if there was an error in the original decision. However, this review can't include any new evidence.