10 Facts About Veterans Disability Lawyer That Can Instantly Put You In A Good Mood

How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans who have their claims approved receive a monthly income that is tax-free.

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

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim may be physical or mental. A VA lawyer who is certified can assist a former military member to file a claim for aggravated disabilities. A claimant has to prove, with medical evidence or independent opinions that their medical condition prior to service was aggravated due to active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to a doctor's report in addition, the veteran will be required to provide medical records as well as lay statements from family members or friends who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim, it is important to keep in mind that the aggravated condition must differ from the original disability rating. A disability lawyer can guide a former servicemember on how to provide sufficient medical evidence and testimony to establish that their original condition was not only aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversies during the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Conditions

To qualify a veteran for benefits, they must show that their illness or disability is connected to service. This is referred to as "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular conditions that develop because of specific service-connected amputations. For other conditions, veterans disability Attorneys like PTSD veterans are required to provide lay evidence or testimony from people who were their friends in the military, to connect their condition with a specific incident that occurred during their time of service.

A pre-existing medical issue can be service-related when it was made worse due to active duty service and not just the natural progression of the disease. The best way to prove this is to present the doctor's opinion that the ailment was due to service, and not the normal progression of the disease.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. They are known as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans disability attorneys (0522891255.Ussoft.Kr) exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or worsened by military service. These are AL amyloidosis, chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeal

The VA has a process for appealing their decision on whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not take this step for you, then you can do it on your own. This form allows you to inform the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

You have two options for an additional level review. Both options should be carefully considered. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an de novo review (no deference to the earlier decision) and either overturn or confirm the earlier decision. You may be required or not required to submit a new proof. The other option is to request an appointment with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They're experienced and will know the best route for your case. They are also aware of the difficulties that disabled veterans disability lawsuit face which makes them an effective advocate on your behalf.

Time Limits

If you suffer from a disability that was incurred or worsened during military service, you may file a claim to receive compensation. It is important to be patient as the VA evaluates and makes a decision on your application. It could take up to 180 calendar days after submitting your claim before you receive an answer.

There are many variables that affect the time the VA will take to make an decision on your claim. How quickly your claim will be evaluated is largely determined by the quantity of evidence you submit. The location of the field office that is responsible for your claim also influences how long it will take for the VA to review your claims.

Another factor that could affect the length of time it takes your claim to be processed is how often you contact the VA to check on the status of your claim. You can speed up the claim process by providing all evidence as fast as possible, providing specific details regarding the medical facility you use, as well as providing any requested details.

You could request a higher-level review if it is your opinion that the decision you were given regarding your disability was wrong. You must submit all of the facts about your case to a knowledgeable reviewer, who can determine whether there an error in the initial decision. However, this review can't contain new evidence.