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A veteran's disability claim is an essential component of his or her benefit application. 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. A decision can take months or even years.
Aggravation
veterans disability lawsuit may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim could be mental or physical. A skilled VA lawyer can assist the former service member submit an aggravated claim. The claimant must prove by proving medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.
Typically the most effective method to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from a physician who specializes in the disability of veterans. In addition to a physician's declaration the veteran will also need to submit medical records as well as lay statements from family members or friends who can attest to the extent of their pre-service injuries.
In a veterans disability claim it is essential to keep in mind that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and witness to show that their initial condition wasn't just aggravated because of military service, but was also more severe than it would have been if the aggravating factor had not been present.
VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these regulations has caused confusion and controversy in the process of making claims. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.
Service-Connected Terms
For a veteran to qualify for benefits, they must show that their illness or disability is related to their service. This is known as proving "service connection." For certain conditions, like ischemic heart disease or other cardiovascular diseases that manifest as a result of Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD the veterans must present documents or evidence from people who knew them in the military to prove their illness to a specific incident that occurred during their time of service.
A pre-existing medical issue can be service-related in the event that it was aggravated by active duty and not as a natural progression of the disease. The best method to prove this is by providing an opinion from a doctor that states that the ailment was due to service and not the normal progress of the condition.
Certain injuries and illnesses are presumed to have been caused or aggravated by the 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 various Gulf War conditions. Certain chronic diseases and tropical diseases are also believed to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information regarding these presumptive diseases.
Appeals
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not take this step for you, then you can do it yourself. This form is used to inform the VA you disagree with their decision and that you want a higher-level review of your case.
There are two options to request a more thorough review. Both options should be carefully considered. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either overturn or confirm the earlier decision. You could or might not be allowed to submit new evidence. The alternative is to request an appointment before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are many factors to consider when choosing the most appropriate route for your appeal, so it's crucial to discuss these with your attorney who is accredited by the VA. They have experience and know what is best for your situation. They are also well-versed in the difficulties that disabled veterans face and their families, which makes them an effective advocate for you.
Time Limits
If you suffer from a physical or mental impairment which was created or worsened during military service, you can file a claim to receive compensation. But you'll need to be patient during the VA's process for reviewing and deciding on your claim. It could take up 180 days after your claim is filed before you are given an answer.
Many factors influence the time it takes for the VA to decide on your claim. The amount of evidence submitted is a significant factor in the speed at which your application is evaluated. The location of the field office that is responsible for your claim will also affect how long it takes for the VA to review your claims.
Another factor that can impact the length of time it takes your claim to be processed is the frequency at which you contact the VA to check on its progress. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can. You should also provide specific details about the medical center you use, and sending any requested details.
You can request a more thorough review if you believe that the decision you were given regarding your disability was incorrect. This means that you submit all the evidence in your case to a senior reviewer who can determine whether there was an error in the original decision. But, this review will not include any new evidence.
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