Some Wisdom On Veterans Disability Lawyer From An Older Five-Year-Old

How to File a Veterans Disability Claim

The claim of a veteran for disability is a key part of the application for benefits. Many veterans who have their claims accepted receive additional monthly income which is tax-free.

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

Aggravation

Veterans Disability Law firms may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is known as an aggravated disability and can be either mental or physical. A skilled VA lawyer can assist the former soldier make an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions, that their pre-service condition was made worse by active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to a doctor's statement the veteran will need to submit medical records as well as lay statements from family or friends who can confirm the seriousness of their pre-service ailments.

It is crucial to remember in a veterans disability claim that the aggravated condition must be different than the original disability rating. A disability attorney can advise an ex-servicemember on how to present sufficient medical evidence and testimony to prove that their original condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions that are associated with Service

To qualify a veteran for benefits, they must show that their disability or illness is linked to service. This is known as "service connection." For some ailments, like Ischemic heart disease and other cardiovascular diseases that develop due to specific services-connected amputations is automatically granted. For other conditions, like PTSD veterans have to present lay evidence or testimony from those who knew them during the military, to link their condition to a specific incident that occurred during their service.

A preexisting medical issue could also be service-connected when it was made worse through active duty and not caused by the natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was caused by service, and not simply the natural progression.

Certain ailments and injuries are believed to be caused or aggravated by the service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans disability law firm exposure to radiation in Prisoners of War, as well as various Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be caused or aggravated by service. These include AL amyloidosis and chloracne as well as other acneform diseases, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf but if not, you can do it yourself. This form is used to notify the VA you disagree with their decision and that you'd like to have a more thorough review of your case.

There are two paths to a more thorough review that you should take into consideration. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no consideration of previous decisions) review and either reverse the earlier decision or uphold it. You may or may not be able to present new evidence. Another option is to request an interview with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these factors with your lawyer who is accredited by the VA. They have experience and will know the best route for your situation. They are also well-versed in the challenges that disabled veterans face and can be an ideal advocate for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened in the course of serving in the military. But you'll need to be patient when it comes to the VA's process of reviewing and deciding on your claim. You could have to wait up to 180 calendar days after filing your claim to receive a decision.

There are many variables that affect the time the VA is able to make an assessment of your claim. The amount of evidence you submit will play a big role in how quickly your claim is considered. The location of the VA field office that will be reviewing your claim will also affect how long it takes.

How often you check in with the VA to check the status of your claim can also affect the time it takes to finish the process. You can speed up the process by submitting evidence as soon as possible, being specific in your address information for the medical care facilities you use, and sending any requested information as soon as it is available.

If you believe that there was an error in the decision made regarding your disability, you can request a higher-level review. This involves submitting all the relevant facts of your case to an expert reviewer who can determine whether there was an error in the original decision. This review does not contain any new evidence.