The Sage Advice On Veterans Disability Lawyer From A Five-Year-Old

How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans earn tax-free earnings when their claims are accepted.

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

Aggravation

A veteran may be able to receive disability compensation for a condition made worse by their military service. This type of claim is called an aggravated disability. It can be mental or physical. A VA lawyer who is qualified can help a former military member make an aggravated disability claim. The claimant must demonstrate by proving medical evidence or an independent opinion, that their medical condition prior to serving was made worse due to active duty.

Typically the best way to prove that a pre-service issue was aggravated is to get an independent medical opinion by an expert doctor who is specialized in the disability of veterans. In addition to the doctor's statement the veteran is required to submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

It is important to note in a veterans disability claim that the condition being aggravated has to be different from the initial disability rating. A disability lawyer can guide an ex-servicemember on how they can provide enough medical evidence and proof that their original condition was not just aggravated by military service, but was worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and disagreement during the process of claiming. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Conditions of Service

In order for a veteran to be eligible for benefits, they must prove that their disability or illness is related to service. This is called showing "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular diseases that arise due to specific service-connected amputations. For other conditions, such as PTSD veterans have to present the evidence of laypeople or people who were their friends in the military, in order to connect their condition to an specific incident that occurred during their time in service.

A preexisting medical condition could be service-related when it was made worse through active duty and not due to the natural progress of the disease. The best method to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not the normal development of the condition.

Certain illnesses and injuries are believed to be caused or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be caused or aggravated from service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Veterans Disability Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a system to appeal their decision on the issue of whether or not to grant benefits. The first step is to submit a Notice of Dispute. If your lawyer who is accredited by the VA does not handle this for you, you are able to complete it on your own. This form is used to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options for a higher level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference to the earlier decision) and either reverse or uphold the earlier decision. You could be able or not be required to present new evidence. The other option is to request an interview with a Veterans Law Judge at the Board district of columbia veterans disability lawsuit Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the best lane for your appeal, and it's important to discuss these options with your attorney who is accredited by the VA. They will have experience in this area and will know the best option for your particular case. They are also well-versed in the challenges that disabled veterans face and can be an ideal advocate for you.

Time Limits

You can apply for compensation if you suffer from a disability that was acquired or worsened during your time in the military. You'll need to be patient as the VA evaluates and makes a decision on your application. It could take as long as 180 days after the claim has been filed before you receive a decision.

Numerous factors can affect the time it takes for VA to decide on your claim. The amount of evidence that you submit will play a major role in how quickly your application is considered. The location of the VA field office which will be reviewing your claim will also affect the length of time it takes.

The frequency you check in with the VA to check the status of your claim could affect the length of time it takes to process your claim. You can speed up the process by providing evidence as soon as possible by being specific with your information regarding the addresses of the medical facilities you utilize, and providing any requested information when it becomes available.

You may request a higher-level review if you feel that the decision you were given regarding your disability was not correct. You'll have to submit all the details of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. However, this review cannot include any new evidence.