How to File a
veterans disability attorneys Disability Claim
The claim of disability for a veteran is an important component of the application process for benefits. Many veterans are eligible for tax-free income when their claims are approved.
It's no secret that the VA is a long way behind in processing disability claims from veterans. The process can take months or even years.
Aggravation
A veteran could be eligible to receive compensation for disability due to a condition worsened by their military service. This type of claim is known as an aggravated impairment and can be either mental or physical. A VA lawyer who is qualified can assist a former military member make an aggravated disability claim. A claimant must show through medical evidence or independent opinions, that their medical condition prior to serving was made worse through active duty.
Typically, the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert in the veteran's disability. In addition to a physician's declaration, the veteran will also need to submit medical records and lay assertions from family or friends who are able to confirm the extent of their pre-service injuries.
It is crucial to remember in a veterans disability claim that the aggravated condition must be different from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimonies to prove that their previous condition wasn't merely aggravated by military service, but it was worse than what it would have been if the aggravating factor hadn't been present.
VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different language of these provisions has caused confusion and disagreement regarding the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.
Service-Connected Conditions
In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is related to service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular disease that develops due to specific amputations linked to service.
veterans disability law firms suffering from other ailments, like PTSD and PTSD, are required to provide lay testimony or evidence from people who were close to them during their service to link their condition to a specific event that occurred during their time in the military.
A preexisting medical condition could also be service-connected in the case that it was aggravated through active duty and not caused by the natural progression of the disease. It is recommended to present a doctor's report that explains that the deterioration of the condition was caused by service and not the natural progression of the disease.
Certain ailments and injuries are presumed to have been caused or aggravated due to service. They are known as "presumptive diseases." 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 suspected to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.
Appeal
The VA has a system for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not take this step for you, then you're able to do it on your own. This form is used by the VA to let them know that you do not agree with their decision, and want a higher level review of your case.
There are two options available for a more thorough review. Both options should be carefully considered. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference to the decision made previously) and either reverse or affirm the earlier decision. You could be able or not to submit new proof. Another option is to request a hearing before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss these issues with your VA-accredited attorney. They will have experience and know what is best for your case. They are also well-versed in the difficulties faced by disabled veterans and their families, which makes them an ideal advocate for you.
Time Limits
If you suffer from a physical or mental impairment that was acquired or worsened during military service, you can file a claim and receive compensation. You'll need to wait while the VA reviews and decides on your claim. You may have to wait up to 180 calendar days after submitting your claim before receiving an answer.
There are many variables that influence how long the VA takes to make an decision on your claim. The amount of evidence you provide will play a big role in the speed at which your claim is evaluated. The location of the field office handling your claim will also impact the time it will take for the VA to review your claim.
How often you check in with the VA to check the status of your claim could affect the length of time it takes to finish the process. You can help speed up the process by providing evidence promptly and by providing specific address details for the medical facilities you utilize, and providing any requested information immediately when it becomes available.
You can request a higher level review if you believe the decision made on your disability was not correct. This involves submitting all existing facts in your case to an expert reviewer who can determine whether there was an error in the initial decision. But, this review will not include new evidence.