9 . What Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans get tax-free income when their claims are approved.

It's no secret that VA is a long way behind in the process of processing disability claims made by veterans. A decision can take months or even years.

Aggravation

A veteran might be able get disability compensation in the event of the condition that was worsened by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A skilled VA lawyer can help a former servicemember submit an aggravated claim. The claimant must prove, through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

Typically the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the condition of the veteran. In addition to a doctor's statement the veteran will also have to submit medical records as well as lay statements from family members or friends who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim it is important to note that the aggravated condition must be different from the original disability rating. A disability attorney can advise the former soldier on how they can provide enough medical evidence and proof that their original condition was not only aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and controversies in the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.

Service-Connected Terms

To be eligible for benefits veterans must show that the cause of their impairment or illness was caused by service. This is referred to as proving "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that develop as a result of service-connected amputations, a service connection is automatically granted. For other conditions, such as PTSD veterans disability law firms are required to provide the evidence of laypeople or those who knew them during the military, to link their condition with a specific incident that took place during their time in service.

A pre-existing medical condition can be a result of service if it was aggravated due to active duty service and not as a natural progression of disease. The best method to prove this is by providing a doctor's opinion that states that the ailment was due to service, and not the normal progression of the condition.

Certain illnesses and injuries are presumed to have been caused or worsened by service. These are called "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. Some chronic diseases and tropical diseases are thought to be caused or aggravated from service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for the client, then you must do it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and would prefer a more thorough review of your case.

There are two options for an upscale review one of which you should take into consideration. 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 given to the decision made previously) and then either reverse or uphold the earlier decision. You may be able or not to submit new proof. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the most effective route for your appeal, so it's important to discuss these issues with your VA-accredited attorney. They're experienced in this field and know what makes the most sense for your specific case. They also understand the challenges that disabled veterans face and can help them become an effective advocate for you.

Time Limits

You can claim compensation if you suffer from a disability that you acquired or worsened as a result of serving in the military. You'll have to be patient while the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after filing your claim before you get a decision.

There are many factors that can affect how long the VA will take to reach an assessment of 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 field office handling your claim will also affect the time it takes for the VA to review your claim.

The frequency you check in with the VA to see the status of your claim can influence the time it takes to finish the process. You can speed up the claim process by submitting all evidence as quickly as you can, and providing specific details about the medical center you use, and sending any requested information.

You can request a higher level review if you believe that the decision based on your disability was not correct. This involves submitting all the evidence in your case to an expert reviewer who can determine whether there was a mistake in the original decision. This review does not include any new evidence.