9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans disability law firms receive tax-free income when their claims are accepted.

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

Aggravation

A veteran might be able get disability compensation in the event of a condition caused by their military service. This kind of claim can be physical or mental. A qualified VA lawyer can help the former service member make an aggravated disability claim. A claimant must prove by proving medical evidence or independent opinions, that their medical condition prior to service was made worse due to active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to the doctor's statement the veteran must also submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

In a claim for a disability benefit for veterans, it is important to be aware that the condition that is aggravated must be different from the original disability rating. A disability lawyer can guide a former servicemember on how to provide sufficient medical evidence and evidence to show that their health condition was not merely aggravated by 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 different language of these provisions has led to confusion and disagreement regarding the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Conditions Associated with Service

For a veteran to qualify for benefits, they must show that their condition or illness is related to service. This is referred to as proving "service connection." For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that manifest as a result of service-connected amputations, service connection is granted automatically. For other conditions, like PTSD veterans are required to provide witnesses or lay evidence from people who were close to them in the military, to connect their condition to a specific incident that took place during their service.

A preexisting medical problem could also be service-connected if it was aggravated by their active duty service and not caused by the natural progression of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was caused by service, and not the natural progression.

Certain ailments and injuries are presumed to have been caused or aggravated by the service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details about these presumptive illnesses.

Appeals

The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not take this step for the client, then you must complete the process on your own. This form is used by the VA to let them know that you do not agree with their decision, and would prefer a more thorough review of your case.

There are two options to request a higher level review. Both should be considered carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no review is given to prior decisions) review and either overturn the earlier decision or confirm it. You could be able or not required to submit a new proof. The alternative is to request an appointment with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They will have experience and will know the best route for your case. They are also aware of the difficulties faced by disabled veterans and can be more effective advocates on your behalf.

Time Limits

If you have a disability that was incurred or worsened during military service, you can file a claim to receive compensation. You'll have to be patient as the VA reviews and decides on your application. It may take up to 180 days after the claim has been submitted before you get a decision.

There are many factors that affect the time the VA is able to make an informed decision on your claim. The speed at which your claim will be reviewed is largely determined by the quantity of evidence you provide. The location of the field office that handles your claim can also influence how long it takes for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim could influence the time it takes to finish the process. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can, and providing specific information about the medical facility you use, and providing any requested details.

If you believe there has been a mistake in the decision regarding your disability, you may request a more thorough review. You will need to submit all the details of your case to an experienced reviewer, who can determine whether there an error in the original decision. But, this review will not include any new evidence.