5 Laws That Will Help The Veterans Disability Lawyer Industry

How to File a Veterans Disability Claim

The claim of disability for a veteran is a key component of the application process for benefits. Many veterans receive tax-free income when their claims are accepted.

It's not a secret that VA is behind in processing disability claims of veterans disability law firms. The decision could take months or even years.

Aggravation

Veterans could be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim can be either mental or physical. A competent VA lawyer can assist a former servicemember to file an aggravated disability claim. The claimant must prove either through medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to the doctor's statement the veteran must also submit medical records and statements from family members or friends who attest to their pre-service condition.

It is crucial to remember in a claim to be disabled by a veteran that the condition being aggravated has to be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to establish that their original condition wasn't just aggravated because of military service, but that it was more severe than what it would have been had the aggravating factor weren't present.

In order to address this issue VA proposes to re-align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and disagreement in the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

In order for a veteran to be eligible for benefits, they must demonstrate that their disability or illness is related to their service. This is known as "service connection." For some ailments, like ischemic heart disease, or other cardiovascular diseases that develop because of service-connected amputations, a service connection is automatically granted. Veterans suffering from other conditions such as PTSD are required to provide lay testimony or lay evidence from those who were their friends during their time in service to connect their condition to an specific incident that occurred during their time in the military.

A preexisting medical condition could be a result of service if it was aggravated by active duty and not caused by the natural progression of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was caused by service, and not simply the natural development of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated because of treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawsuits, radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or worsened by military service. These are AL amyloidosis or chloracne, other acne-related diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to submit this form on your behalf however if not, you can file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision and you would like a higher-level review of your case.

There are two ways to get a more thorough review and both of them are options you should carefully consider. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a review de novo (no deference to the previous decision) and then either reverse or uphold the earlier decision. You may be required or not required to provide new proof. You may also request an interview with a veterans disability attorney Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, so it is important to discuss these issues with your VA-accredited attorney. They're experienced and know what's best for your situation. They are also aware of the challenges faced by disabled veterans which makes them an effective advocate on your behalf.

Time Limits

You can seek compensation if you suffer from a disability that was acquired or worsened while serving in the military. You'll need to wait as the VA reviews and decides on your application. You may need to wait up to 180 calendar days after submitting your claim before receiving an answer.

Many factors can influence the time it takes for the VA to consider your claim. The amount of evidence you submit will play a major role in the speed at which your application is reviewed. The location of the VA field office that will be reviewing your claim can also influence how long it takes.

The frequency you check in with the VA regarding the status of your claim can also affect the time it takes to complete the process. You can speed up the process by making sure to submit all evidence as swiftly as you can. You should also provide specific details about the medical facility you use, and providing any requested information.

You can request a more thorough review if you believe the decision you were given regarding your disability was not correct. You must submit all the details of your case to a knowledgeable reviewer, who can determine whether there was a mistake in the initial decision. But, this review will not include new evidence.