9 Things Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of his or her benefit application. Many veterans who have their claims accepted receive additional monthly income which is tax-free.

It's no secret that the VA is a long way behind in the process of processing disability claims from veterans. A decision can take months or even years.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was caused by their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A VA lawyer who is qualified can help a former military member to file a claim for aggravated disabilities. The claimant must demonstrate using medical evidence or independent opinions that their medical condition prior to serving was made worse through active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to the physician's statement, the veteran must also provide medical records as well as lay statements from family or friends who attest to their pre-service condition.

In a veterans disability claim, it is important to be aware that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimonies to establish that their original condition wasn't just aggravated due to military service but that it was more severe than it would have been had 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 differences in the language of these provisions has caused confusion and controversy in the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions of Service

To be eligible for benefits veterans must show that their impairment or illness was caused by service. This is known as proving "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is automatically granted. Veterans suffering from other conditions, like PTSD and PTSD, are required to provide lay testimony or evidence from people who knew them during their service to link their condition with a specific event that occurred during their time in the military.

A pre-existing medical condition could be a result of service when it was made worse by active duty and not due to the natural progression of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was caused by service and not the natural progression.

Certain illnesses and injuries may be thought to be caused or aggravated due to service. These are referred to as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and other Gulf War conditions. Some chronic illnesses and tropical diseases are thought to be caused or aggravated by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more about these probable diseases.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. If your lawyer is certified by VA and does not complete this task for you, then you can complete it on your own. This form is used by the VA to inform them that you do not agree with their decision, and would like a more thorough review of your case.

There are two paths to a higher-level review one of which you should consider carefully. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no consideration is given to prior decisions) review and either reverse the earlier decision or uphold the decision. You may be able or not be required to present new evidence. You may also request an appointment with an veterans disability attorney Law judge at the Board of veterans disability lawyers' Appeals, Washington D.C.

It is important to discuss these issues with your VA-accredited attorney. They will have experience in this field and know what is the most appropriate option for your particular case. They are also aware of the difficulties that disabled veterans face which makes them an ideal advocate for you.

Time Limits

If you have a disability that was incurred or worsened during military service, you could file a claim in order to receive compensation. You'll need to wait as the VA examines and decides on your application. It could take up to 180 days after the claim has been filed before you are given an answer.

Many factors can influence how long it takes the VA to decide on your claim. The speed at which your application will be reviewed is largely determined by the quantity of evidence you submit. The location of the field office handling your claim also influences how long it will take for the VA to review your claims.

Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check on the status of your claim. You can help accelerate the process by providing evidence as soon as you can and being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information as soon as it's available.

If you think there has been a mistake in the decision on your disability, you can request a higher-level review. This involves submitting all evidence in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review can't include new evidence.