24 Hours To Improve Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial part of the application for benefits. Many veterans who have their claims accepted receive additional income each month which is tax-free.

It's not a secret that VA is behind in processing disability claims of veterans. It can take months or even years, for a decision to be made.

Aggravation

A veteran might be able to claim disability compensation for a condition made worse by their military service. This type of claim can be either mental or physical. A skilled VA lawyer can help a former servicemember submit an aggravated claim. The claimant must demonstrate using medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.

Typically, the best way to demonstrate that a condition prior to service was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to the doctor's opinion, the veteran should also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

In a claim for Veterans Disability law firms disability benefits for Veterans disability Law firms, it is important to keep in mind that the condition that is aggravated must be different from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and witness to prove that their previous condition wasn't only aggravated due to military service but was also more severe than it would have been had the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversies during the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions Associated with Service

To be eligible for benefits the veteran must prove that the disability or illness was caused by service. This is known as "service connection." For certain diseases, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific Amputations that are connected to service, the service connection is granted automatically. Veterans with other conditions like PTSD and PTSD, are required to provide witness testimony or lay evidence from those 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 pre-existing medical condition could also be service related if it was aggravated due to active duty service and not just the natural progression of the disease. It is best to provide a doctor's report that explains 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 the service. These are referred to 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. Certain chronic illnesses and tropical diseases are believed to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeal

The VA has a system for appealing their decision on the issue of whether or not to grant benefits. The first step is filing a Notice Of Disagreement. If your lawyer is certified by VA and does not complete this task for the client, then you must do it yourself. This form is used to notify the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two options for an upscale review, both of which you must carefully consider. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo (no review is given to prior decisions) review and either reverse the earlier decision or uphold the decision. You may or may not be allowed to submit new evidence. The other option is to request a hearing before an Veterans Law Judge at the Board of veterans disability lawsuit' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best route for your appeal, so it's essential to discuss these with your attorney who is accredited by the VA. They will have experience and know what's best for your situation. They are also well-versed in the difficulties faced by disabled veterans and their families, which makes them more effective advocates for you.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened in the course of serving in the military. You'll have to be patient while the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after submitting your claim to receive a decision.

There are many factors that affect the time the VA will take to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you provide. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.

The frequency you check in with the VA to check the status of your claim could influence the time it takes to process your claim. You can speed up the claim process by providing all evidence as fast as you can. You should also provide specific information about the medical care facility you use, and providing any requested details.

You could request a higher-level review if you believe the decision based on your disability was wrong. This involves submitting all existing facts in your case to an experienced reviewer who will determine whether there was an error in the initial decision. This review does not include any new evidence.