9 Things Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a veteran for disability is a crucial part of the application for benefits. Many Veterans disability Lawyer who have their claims accepted receive an additional monthly income which is tax-free.

It's not a secret that the VA is a long way behind in processing disability claims for veterans. It could take months, even years, for a decision to be made.

Aggravation

Veterans could be entitled to disability compensation if their condition was aggravated by their military service. This type of claim may be mental or physical. A VA lawyer who is competent can assist an ex-military person to file a claim for aggravated disabilities. A claimant must show, with medical evidence or an independent opinion, that their medical condition prior to service was made worse by active duty.

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

In a claim for disability benefits for veterans disability attorneys it is essential to note that the condition that is aggravated must be distinct from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony in order to prove that their previous condition wasn't merely aggravated by military service, but that it was more severe than it would have been had the aggravating factor had not been present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions of Service

To be eligible for benefits, they must show that their condition or illness is related to service. This is known as showing "service connection." For some diseases, such as ischemic heart disease, or other cardiovascular diseases that manifest as a result of specific service-connected amputations, service connection is granted automatically. Veterans with other conditions like PTSD are required to provide the evidence of lay witnesses or from people who knew them during their service to link their condition to an specific event that occurred during their military service.

A pre-existing medical condition can be a result of service in the case that it was aggravated by active duty and not due to the natural progression of the disease. The most effective method to prove this is by providing the doctor's opinion that the aggravation was due to service, and not the normal progress of the condition.

Certain ailments and injuries can be thought to be caused or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are also thought to be caused or aggravated by service. These are AL amyloidosis or chloracne, other acneform diseases Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney will likely file this on your behalf however, if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options available for a higher level review. Both 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 a de novo review (no deference given to the previous decision) and either reverse or affirm the earlier decision. It is possible that you will be able not required to provide new proof. The other path is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the best lane for your appeal, so it's crucial to discuss these with your attorney who is accredited by the VA. They will have experience and know what is best for your situation. They also know the issues faced by disabled veterans, which can make them an effective advocate on your behalf.

Time Limits

If you suffer from a condition that was incurred or worsened in the military, you can file a claim and receive compensation. You'll need to wait while the VA examines and decides on your application. It could take up to 180 days after the claim has been submitted before you get a decision.

Many factors can influence the time it takes for VA to decide on your claim. The amount of evidence you submit will play a major role in the speed at which your claim is evaluated. The location of the field office that is responsible for your claim will also impact how long it will take for the VA to review your claims.

The frequency you check in with the VA to see the status of your claim can also affect the time it takes to complete the process. You can accelerate the process of filing a claim by providing all evidence as fast as you can, including specific details about the medical care facility you use, and sending any requested information.

If you think there has been an error in the decision on your disability, you can request a more thorough review. This involves submitting all existing facts in your case to an expert reviewer who can determine whether there was an error in the original decision. But, this review will not include any new evidence.