9 . What Your Parents Taught You About Veterans Disability Lawyer

How to File a veterans disability - click the next page, Claim

A veteran's disability claim is an important part of their benefit application. Many veterans earn tax-free earnings when their claims are granted.

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

Aggravation

Veterans may be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A VA lawyer who is certified can assist an ex-military member make an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated by active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to a doctor's statement the veteran will require medical records and lay declarations from friends or family members who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim it is essential to remember that the condition that is aggravated must be distinct from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony in order to prove that their previous condition wasn't just aggravated due to military service, but that it was more severe 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 difference in the wording of these provisions has caused confusion and controversy during the process of filing claims. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Conditions of Service

To be eligible for benefits, they have to prove that their illness or disability is related to their service. This is referred to as "service connection." For certain conditions, like ischemic heart disease, or other cardiovascular diseases that arise as a result of service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who were their friends in the military, in order to connect their condition to a specific incident that occurred during their time in service.

A preexisting medical condition could be a result of service when it was made worse by their active duty service and not by natural progress of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was caused by service, not just the natural progress of the disease.

Certain injuries and illnesses can be presumed to be caused or aggravated due to treatment. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are suspected to have been caused or worsened by military service. They include AL amyloidosis and chloracne as well as other acne-related diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you, but if they do not, you may file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and you would like a higher-level review of your case.

There are two ways to get a higher-level review that you must carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or maintain the decision. You could be able or not required to submit a new proof. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these issues with your VA-accredited attorney. They have experience and will know the best route for your case. They also know the challenges faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you have a disability that was acquired or worsened during your military service, you can file a claim and receive compensation. But you'll need to be patient when it comes to the process of considering and deciding about the merits of your claim. It could take up 180 days after the claim has been filed before you receive a decision.

There are many factors which can impact the length of time the VA takes to make an decision on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence you have submitted. The location of the field office responsible for your claim can also influence how long it will take for the VA to review your claims.

Another factor that could affect the time required for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as you can, and providing specific information about the medical care facility you use, and providing any requested details.

You may request a higher-level review if it is your opinion that the decision based on your disability was wrong. You will need to submit all of the facts about your case to an experienced reviewer, who will decide whether there an error in the original decision. This review does not contain any new evidence.