10 Tell-Tale Signals You Need To Find A New Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a disabled veteran is a key component of the application process for benefits. Many veterans disability law firms get tax-free income when their claims are approved.

It's no secret that VA is way behind in processing disability claims from veterans. It can take months, even years, for a final decision to be made.

Aggravation

Veterans could be entitled to disability compensation if their condition was caused by their military service. This type of claim may be mental or physical. A VA lawyer who is certified can help an ex-military member make an aggravated disability claim. A claimant must demonstrate either through medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

Typically, the most effective way to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by a physician who specializes in the condition of the veteran. In addition to the doctor's opinion, the veteran is required to submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans disability lawyers 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 an ex-servicemember present enough medical evidence and testimony to show that their initial condition wasn't just aggravated due to military service but it was worse than what it would have been if the aggravating factor weren't present.

In order to address this issue, VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversy regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Conditions of Service

To be eligible for benefits the veteran must prove that the cause of their health or disability was caused by service. This is called showing "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular conditions that develop as a result specific amputations connected to service. For other conditions, like PTSD the veterans must present lay evidence or testimony from people who knew them in the military, in order to connect their condition with a specific incident that took place during their time of service.

A pre-existing medical problem can be a service-related issue when it was made worse by active duty and not just the natural progression of the disease. The most effective way to prove this is by providing a doctor's opinion that states that the ailment was due to service and not just the normal development of the condition.

Certain ailments and injuries are believed to be caused or aggravated by the service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or worsened by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. If your lawyer who is accredited by the VA does not take this step for the client, then you must do it on your own. This form is used by the VA to inform them that you are not satisfied with their decision and want a higher level review of your case.

You have two options for higher-level review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference to the previous decision) and then either reverse or affirm the decision made earlier. You might or may not be allowed to submit new evidence. The alternative is to request an interview with an Veterans Law Judge from the Board of Veterans Disability Law Firms' Appeals in Washington, D.C.

It is essential to discuss all of these factors with your VA-accredited lawyer. They're experienced and know what's best for your situation. They also understand the challenges that disabled veterans face and can help them become a stronger advocate on your behalf.

Time Limits

You can apply for compensation if you suffer from a disability that was acquired or worsened while serving in the military. You'll need to be patient while the VA reviews and decides on your application. It could take as long as 180 days after your claim is submitted before you get an answer.

Many factors can influence how long it takes the VA to consider your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence that you submit. The location of the VA field office which will be evaluating your claim can also impact how long it takes.

How often you check in with the VA regarding the status of your claim could affect the length of time it takes to process. You can accelerate the process by making sure to submit all evidence as swiftly as possible, providing specific details about the medical facility you use, as well as providing any requested information.

If you believe that there was an error in the decision regarding your disability, you may request a more thorough review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine if there was an error in the initial decision. This review does not contain any new evidence.