10 Meetups About Veterans Disability Lawyer You Should Attend

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 who have their claims accepted receive an additional monthly income that is tax-free.

It's not a secret that VA is behind in the processing of claims for disability from veterans. The process can take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim is known as an aggravated disability and can be mental or physical. A VA lawyer who is qualified can help an ex-military member to file a claim for aggravated disabilities. A claimant must demonstrate by proving medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to the doctor's report, the veteran should also submit medical records and east rutherford veterans disability lawsuit statements from family members or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is crucial to keep in mind that the condition being aggravated has to be different from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony in order to prove that their original condition wasn't simply aggravated because of military service, however, it was much worse than it would have been if the aggravating factor weren't present.

In order to address this issue VA is proposing to align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and controversies during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

To qualify for benefits, dothan veterans disability law firm must prove his or her condition or disability was caused by service. This is called showing "service connection." For some diseases, such as ischemic heart disease or Monmouth Veterans Disability Attorney other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD, cherryville veterans disability lawsuit must provide documents or evidence from those who knew them during the military to prove their condition to a specific incident that occurred during their service.

A preexisting medical condition may also be service-related if it was aggravated through active duty and not due to the natural progression of the disease. The best way to demonstrate this is to provide the doctor's opinion that the aggravation was due to service and not the normal progression of the condition.

Certain ailments and injuries are presumed to have been caused or aggravated by service. They are known as "presumptive diseases." 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 also presumed to have been caused or worsened by military service. These are AL amyloidosis and chloracne as well as other acne-related conditions, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf but if not, you are able to file it yourself. This form is used to tell the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two routes to a higher-level review, both of which you must carefully consider. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either overturn or uphold the earlier decision. You may or may not be able to submit new evidence. The other option is to request an interview with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these factors with your VA-accredited attorney. They're experienced and know what's best for your case. They are also aware of the challenges that disabled veterans face which makes them a stronger advocate for you.

Time Limits

If you have a disability which was created or worsened during your military service, you can file a claim and receive compensation. You'll need to wait while the VA reviews and decides on your application. It may take up to 180 days after the claim has been filed before you get an answer.

There are many variables that can affect how long the VA will take to make an informed decision on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence that you submit. The location of the field office that is responsible for your claim can also influence how long it will take for the VA to review your claim.

How often you check in with the VA to see the status of your claim could affect the time it takes to complete the process. You can accelerate the process by providing all evidence as fast as you can, and providing specific information about the medical center you use, as well as providing any requested information.

If you believe there was a mistake in the decision made regarding your disability, you can request a more thorough review. This involves submitting all the relevant facts of your case to a senior reviewer who can determine whether there was an error in the original decision. This review doesn't contain any new evidence.