9 . What Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The veteran's claim for disability is an important part of the application for benefits. Many veterans who have their claims approved receive additional monthly income that is tax free.

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

Aggravation

Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim may be either mental or physical. A VA lawyer who is competent can assist a former military member submit an aggravated disabilities claim. A claimant must prove, with medical evidence or an independent opinion, that their pre-service medical condition was made worse due to active duty.

Typically the best way to demonstrate that a pre-service issue was aggravated is through an independent medical opinion by a physician who specializes in the veteran's disability. In addition to a doctor's statement in addition, the veteran will be required to provide medical records and lay assertions from friends or family members who can testify to the severity of their pre-service condition.

In a veterans disability claim it is essential to remember that the condition being aggravated has to be distinct from the initial disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to show that their initial condition wasn't simply aggravated due to military service, but that it was more severe than it would have been if the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these provisions has led to confusion and debate regarding the claims process. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Service-Connected Conditions

To be eligible for benefits, they must prove that their condition or illness is linked to service. This is known as showing "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that develop due to specific service-connected amputations, service connection is granted automatically. veterans disability lawyers suffering from other conditions, like PTSD and PTSD, are required to provide lay testimony or evidence from people who were close to them during their time in service to connect their condition with a specific incident that occurred during their military service.

A preexisting medical issue could also be service-connected in the case that it was aggravated through active duty and not by natural progress of the disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was due to service and not the natural progress of the disease.

Certain illnesses and injuries are believed to be caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or aggravated by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not do this for you, then you can do it on your own. This form is used by the VA to let them know that you disagree with their decision and would prefer a more thorough review of your case.

There are two paths to a higher-level review and both of them are options you must carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo (no review of previous decisions) review and either reverse the earlier decision or uphold the decision. You may be able or not required to provide new proof. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your VA-accredited attorney. They'll have experience in this area and will know the best option for your particular case. They also know the difficulties faced by disabled veterans and can be a better advocate for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during military service, then you can file a claim and receive compensation. But you'll need to be patient during the VA's process for considering and deciding about your application. It could take up 180 days after the claim has been filed before you get a decision.

There are many variables that affect the time the VA is able to make an decision on your claim. How quickly your claim will be considered is mostly determined by the amount of evidence you submit. The location of the field office handling your claim can also influence the time it will take for the VA to review your claim.

Another factor that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to check its progress. You can accelerate the process of filing a claim by providing all evidence as fast as you can. You should also provide specific details about the medical center you use, and providing any requested information.

You could request a higher-level review if it is your opinion that the decision based on your disability was not correct. You will need to submit all the details of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.