9 . What Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an important element of their benefit application. Many veterans are eligible for tax-free income when their claims are granted.

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

Aggravation

A veteran may be able to receive disability compensation for the condition that was made worse by their military service. This type of claim could be physical or mental. A competent VA lawyer can help former service members to file an aggravated disability claim. A claimant must demonstrate either through medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

Typically the best way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by a physician who specializes in the veteran's disability. In addition to a physician's declaration in addition, the veteran will require medical records as well as lay statements from family members or friends who are able to confirm the seriousness of their pre-service ailments.

In a veterans disability claim it is crucial to keep in mind that the condition being aggravated has to be distinct from the initial disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to prove that their original condition wasn't merely aggravated due to military service, but was also more severe than it would have been if the aggravating factor wasn't present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language in these regulations has caused confusion and controversy in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To qualify a veteran for benefits, they must demonstrate that their illness or disability is related to their service. This is known as showing "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that develop as a result of specific service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD, veterans disability lawsuits must provide lay evidence or testimony from people who were their friends 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 if it was aggravated by active duty and not just the natural progression of disease. It is best to provide a doctor's report that explains that the aggravation of the condition was due to service, and not the natural progression.

Certain ailments and injuries can be presumed to be caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and different Gulf War conditions. Some chronic illnesses and tropical diseases are also thought to be caused or worsened by military service. These are AL amyloidosis, chloracne or other acneform diseases and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file a Notice Of Disagreement. The VA-accredited attorney you have chosen will file this on your behalf but if not, you can 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 routes to an upscale review one of which you should carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference to the earlier decision) and either reverse or confirm the earlier decision. You may be required or not required to submit a new proof. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss these issues with your VA-accredited lawyer. They're experienced and know the best option for your case. They are also aware of the difficulties that disabled veterans disability attorneys face and can be a stronger advocate on your behalf.

Time Limits

You can seek compensation if you suffer from a disability that was acquired or worsened during your time in the military. You'll have to be patient as the VA evaluates and makes a decision on your application. It could take as long as 180 days after your claim is filed before you receive an answer.

There are many factors that can affect how long the VA will take to reach an informed decision on your claim. The amount of evidence that you submit will play a significant role in the speed at which your claim is considered. The location of the VA field office that will be reviewing your claim could also impact how long it takes.

Another factor that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can help accelerate the process by submitting your evidence as soon as possible by being specific with your information regarding the addresses of the medical facilities you use, and submitting any requested information when it becomes available.

If you think there was an error in the determination of your disability, you may request a more thorough review. This involves submitting all evidence in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.