9 Lessons Your Parents Taught You About Veterans Disability Lawyer
How to File a Veterans Disability Claim
The claim of a disabled veteran is an important part of submitting an application for benefits. Many veterans get tax-free income when their claims are granted.
It's not a secret that the VA is way behind in 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 kind of claim can be physical or mental. A VA lawyer who is certified can assist an ex-military personnel file an aggravated disabilities claim. The claimant must prove, through medical evidence or independent opinions, that their condition prior to service was made worse by active duty.
Typically, the best way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion by a physician who specializes in the veteran's disability. In addition to a doctor's statement the veteran will be required to provide medical records as well as lay statements from friends or family members who can testify to the severity of their pre-service conditions.
In a veterans disability claim, it is important to note that the condition being aggravated has to be different from the original disability rating. A disability attorney can advise the former soldier on how they can provide enough medical evidence and proof that their original health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.
In order to address this issue, VA proposes to re-align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and debate in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.
Service-Connected Conditions
To qualify a veteran for Veterans Disability benefits, they must prove that their disability or illness is linked to service. This is referred to as "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that develop as a result of specific services-connected amputations is granted automatically. Veterans suffering from other ailments such as PTSD need to provide the evidence of lay witnesses or from people who knew them during their service to establish a connection between their condition with a specific incident that occurred during their time in the military.
A preexisting medical issue could also be service-connected when it was made worse by active duty and not caused by the natural progression of the disease. It is best to provide the doctor with a report explaining that the deterioration of the condition was due to service, and not the natural development of the disease.
Certain ailments and injuries are believed to be caused or aggravated by service. They are known 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. Some chronic diseases and tropical diseases are also presumed to have been caused or worsened by military service. These are AL amyloidosis or chloracne, other acneform diseases and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive diseases, click here.
Appeals
The VA has a procedure for appeals to appeal their decision as to whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to submit this form on your behalf but if 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 would like a more thorough review of your case.
There are two routes to an upper-level review one of which you should carefully consider. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either overturn the previous decision or affirm it. You may or may not be allowed to submit new evidence. The alternative 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 these issues with your VA-accredited lawyer. They'll have expertise in this field and know the best option for your particular situation. They are also aware of the difficulties that disabled veterans disability law firm face which makes them more effective advocates for you.
Time Limits
If you have a disability which was created or worsened during your military service, you can file a claim to receive compensation. However, you'll need patient when it comes to the VA's process for review and deciding on your claim. It could take up to 180 days after your claim is filed before you are given an answer.
Numerous factors can affect how long it takes the VA to determine your claim. The speed at which your claim will be considered is mostly determined by the quantity of evidence you have submitted. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.
Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check its progress. You can speed up the claim process by providing all evidence as fast as you can, and providing specific details regarding the medical center you use, as well as sending any requested details.
You can request a more thorough review if you believe that the decision made on your disability was unjust. You must submit all the facts of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.
