5 Laws That Will Help The Veterans Disability Lawyer Industry

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many veterans receive tax-free income after their claims are approved.

It's not a secret that the VA is way behind in the process of processing disability claims for veterans. It could take months, even years, for a decision to be made.

Aggravation

A veteran might be able to receive compensation for disability due to an illness that was worsened by their military service. This kind of claim can be mental or physical. A licensed VA lawyer can assist the former service member file an aggravated disability claim. The claimant must demonstrate through medical evidence or an independent opinion, that their pre-service medical condition was aggravated through active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the doctor's opinion the veteran will need to submit medical records and lay assertions from family members or friends who can confirm the seriousness of their pre-service ailments.

When a claim for disability benefits from veterans it is crucial to be aware that the condition being aggravated has to be different from the original disability rating. A disability attorney can advise the former soldier on how they can provide enough medical evidence and testimony to establish that their condition was not just aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to rewrite 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 disagreement regarding the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must prove that their illness or disability is related to service. This is called showing "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations connected to service. Veterans with other conditions, like PTSD need to provide witness testimony or lay evidence from people who knew them during their service to establish a connection between their condition with a specific event that occurred during their military service.

A preexisting medical issue could also be service-connected in the case that it was aggravated by their active duty service and not caused by the natural progression of the disease. The most effective method to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service, and not the normal progression of the condition.

Certain illnesses and injuries are believed to have been caused or aggravated due to service. They are known as "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans disability lawsuit exposure to radiation in Prisoners of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or caused by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeal

The VA has a process to appeal their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney will likely file this on your behalf, but if they do not, you are able to file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and want a higher level review of your case.

There are two options for a more thorough review. Both should be considered carefully. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. You could be able or not required to submit a new proof. The other option is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best lane for your appeal, so it's important to discuss these issues with your VA-accredited attorney. They're experienced and know what is best for your situation. They also understand the challenges faced by disabled veterans and can help them become an effective advocate for you.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened as a result of serving in the military. You'll need to be patient as the VA examines and decides on your application. It could take as long as 180 days after the claim has been submitted before you get a decision.

Many factors can influence the time it takes for VA to make a decision on your claim. The speed at which your application will be evaluated is largely determined by the volume of evidence you provide. The location of the field office responsible for your claim can also influence how long it takes for the VA to review your claims.

Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to check its progress. You can speed up the claim process by submitting all evidence as quickly as you can. You should also provide specific details about the medical care facility you use, as well as sending any requested information.

You can request a more thorough review if it is your opinion that the decision you were given regarding your disability was unjust. You must submit all of the facts about your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.