A Look Into The Future What Will The Veterans Disability Lawyer Industry Look Like In 10 Years

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans who have their claims accepted receive an 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 made by veterans. The decision could take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim could be mental or physical. A VA lawyer who is qualified can help an ex-military personnel submit an aggravated disabilities claim. A claimant has to prove by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the doctor's report, the veteran must also submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

It is vital to remember in a veterans disability claim that the condition being aggravated has to differ from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and witness to prove that their previous condition wasn't only aggravated because of military service, but it was worse than what it would have been if the aggravating factor Veterans Disability weren't present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy in the process of claiming. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and uncertainty.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they must prove that their condition or illness is linked to service. This is known as "service connection." For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD veterans have to present lay evidence or testimony from people who knew them in the military to prove their condition to a specific incident that occurred during their time in service.

A pre-existing medical problem can also be service related if it was aggravated by active duty and not due to the natural progression of the disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was due to service, and not simply the natural progression.

Certain ailments and injuries are believed to be caused or aggravated due to service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are suspected to have been caused or worsened by military service. They include AL amyloidosis, chloracne, other acneform diseases Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive illnesses.

Appeals

The VA has a system to appeal their decision to award or deny benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however if not, you can file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and want a higher level review of your case.

There are two options to request higher-level review. Both should be considered carefully. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the previous decision or affirm the decision. You may or not be allowed to submit new evidence. You can also request an appearance before a Veterans Law judge at the Board of veterans disability lawsuit' Appeals, Washington D.C.

It's important to discuss all of these issues with your VA-accredited lawyer. They have experience and know what's best for your case. They are also well-versed in 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 in the military, you can file a claim and receive compensation. You'll need to wait while the VA reviews and decides on your application. It could take up to 180 days after your claim is submitted before you get a decision.

Numerous factors can affect the time it takes for VA to determine your claim. How quickly your application will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the field office handling your claim also influences how long it will take for the VA to review your claims.

How often you check in with the VA regarding the status of your claim can influence the time it takes to process. You can help accelerate the process by submitting your evidence as soon as you can, being specific in your address information for the medical care facilities that you utilize, and providing any requested information as soon as it's available.

If you think there has been an error in the decision made regarding your disability, you are able to request a higher-level review. You must submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. But, this review will not contain new evidence.