Nine Things That Your Parent Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans get tax-free income after their claims are approved.

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

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated by their military service. This kind of claim can be physical or mental. A qualified VA lawyer can assist the former soldier file an aggravated disability claim. A claimant needs to prove, through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the best way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's opinion, the veteran is required to submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a veterans disability claim it is important to note that the condition that is aggravated must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to show that their initial condition wasn't merely aggravated by military service, but that it was more severe than it would have been had the aggravating factor weren't present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has created confusion and debate in the claims process. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Conditions Associated with Service

To be eligible for benefits the veteran must prove that their health or disability was caused by service. This is referred to as "service connection." For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is granted automatically. Veterans suffering from other ailments such as PTSD need to provide the evidence of lay witnesses or from those who knew them during their service to establish a connection between their condition to an specific event that occurred during their military service.

A pre-existing medical problem can be a service-related issue in the case that it was aggravated due to active duty service and not just the natural progression of disease. The most effective method to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service, and not the normal development of the condition.

Certain ailments and injuries are presumed to have been caused or aggravated due to service. These 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. Some chronic diseases and tropical diseases are thought to be caused or aggravated by service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a process to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not handle this for you, then you can complete it on your own. This form is used by the VA to let them know that you disagree with their decision and would prefer a more thorough review of your case.

There are two paths to a higher-level review, both of which you should carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either overturn the earlier decision or maintain it. You may or may not be able submit new evidence. You may also request an interview with an veterans disability law firms Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the most appropriate route for your appeal, and it's crucial to discuss these issues with your VA-accredited attorney. They have experience and know what's best for Veterans Disability your case. They are also aware of the difficulties that disabled veterans face and can be more effective advocates for you.

Time Limits

If you have a disability that was caused or aggravated in the military, Veterans Disability you can file a claim and receive compensation. But you'll have to be patient during the process of considering and deciding about the merits of your claim. It could take as long as 180 days after your claim is filed before you get a decision.

There are many factors which can impact the length of time the VA will take to make an informed decision on your claim. The amount of evidence you provide will play a major role in how quickly your application is reviewed. The location of the field office responsible for your claim will also impact how long it takes for the VA to review your claims.

Another aspect that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can accelerate the process by providing evidence as soon as you can and by providing specific information regarding the addresses of the medical care facilities that you use, and submitting any requested information as soon as it is available.

You could request a higher-level review if you believe that the decision based on your disability was not correct. This requires you to submit all evidence in your case to a senior reviewer who can determine whether there was an error in the original decision. However, this review cannot include any new evidence.