10 Quick Tips For Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a veteran for disability is a key component of the application process for benefits. Many veterans earn tax-free earnings when their claims are approved.

It's no secret that VA is behind in the process of processing claims for disability by veterans. It could take months, even years, for a decision to be made.

Aggravation

garden city veterans disability law firm could be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim can be mental or physical. A VA lawyer who is certified can help an ex-military personnel make an aggravated disability claim. A claimant must prove by proving medical evidence or independent opinions, that their medical condition prior to serving was made worse by active duty.

Typically the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion by a physician who specializes in the disability of veterans. In addition to the doctor's opinion the veteran will also have to submit medical records as well as lay statements from friends or family members who are able to confirm the severity of their pre-service condition.

It is crucial to remember when submitting a claim for disability benefits for veterans that the aggravated conditions must be different from the initial disability rating. A disability lawyer can guide the former service member on how to provide the proper medical evidence and testimony to establish that their condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and disagreement during the process of making claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Service-Connected Terms

To be eligible for benefits, veterans must show that the impairment or illness was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular diseases that arise because of specific amputations linked to service. For other conditions, such as PTSD the veterans must present lay evidence or Globe Veterans Disability Lawsuit testimony from people who knew them in the military to prove their condition with a specific incident that took place during their service.

A preexisting medical condition could be a result of service in the event that it was aggravated by active duty and not through natural progression of the disease. The best method to demonstrate this is to provide an opinion from a doctor that states that the ailment was due to service, and not the normal progress of the condition.

Certain illnesses and injuries are believed to be caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are assumed to have been aggravated or triggered by service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however if not, you are able to file it yourself. This form is used to inform the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two options to request a higher level review. Both options should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no consideration of previous decisions) review and either overturn the previous decision or affirm the decision. You may or not be allowed to submit new evidence. The alternative is to request an appointment before an la grange park veterans disability lawyer Law Judge from the Board of Globe Veterans Disability Lawsuit' Appeals in Washington, D.C.

It's important to discuss these issues with your lawyer who is accredited by the VA. They'll have experience and will know the best route for your situation. They are also well-versed in the difficulties faced by disabled veterans and can be an effective advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that you acquired or worsened during your time in the military. You'll need to be patient while the VA reviews and decides on your application. It could take up to 180 calendar days after submitting your claim before receiving an answer.

There are a variety of factors that can affect how long the VA takes to make a decision on your claim. The amount of evidence submitted will play a major role in the speed at which your application is reviewed. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.

Another aspect 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 process by submitting your evidence as soon as possible by being specific with your details regarding the address of the medical care facilities that you use, and sending any requested information as soon as it is available.

You can request a more thorough review if you believe the decision made on your disability was wrong. You'll have to submit all the facts regarding your case to a knowledgeable reviewer who will determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.