9 Things Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The veteran's claim for disability is an important part of the application for benefits. Many veterans are eligible for tax-free income when their claims are accepted.

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

Aggravation

veterans disability law firm could be eligible for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated impairment and can be either mental or physical. A licensed VA lawyer can assist former service members to file an aggravated disability claim. A claimant needs to prove, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor's report, the veteran is required to submit medical records and the lay statements of family or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is essential to note that the aggravated condition has to be distinct 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 simply aggravated because of military service, but it was worse than it would have been had the aggravating factor weren't present.

In addressing this issue, VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and disagreement during the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Conditions that are associated with Service

To be eligible for benefits, they must show that their disability or illness is connected to service. This is referred to as proving "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that develop due to specific service-connected amputations, service connection is automatically granted. Veterans with other conditions like PTSD and PTSD, are required to provide the evidence of lay witnesses or from those who were their friends during their time in the military to connect their condition with a specific event that occurred during their military service.

A preexisting medical problem could also be service-connected in the case that it was aggravated by active duty and not caused by the natural progress of the disease. The most effective way to prove this is by providing the opinion of a doctor that the aggravation was due to service and not just the normal progression of the disease.

Certain illnesses and injuries may be attributed to or aggravated due to treatment. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and different Gulf War conditions. Some chronic diseases and tropical diseases are thought to be aggravated or caused by military service. They include AL amyloidosis and chloracne as well as other acne-related disorders and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

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

There are two options to request a higher level review. Both should be carefully considered. One is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference given to the decision made previously) and either reverse or confirm the earlier decision. You could or might not be able to present new evidence. The alternative is to request an appointment before a Veterans Law Judge at the Board of veterans disability lawyer' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best lane for your appeal, so it is important to discuss these issues with your VA-accredited attorney. They're experienced in this area and will know what makes sense for your specific case. They are also aware of the difficulties that disabled veterans disability law firm face, which makes them a better advocate for you.

Time Limits

You can claim compensation if you have an illness that you developed or worsened as a result of serving in the military. But you'll have to be patient with the VA's process for taking a look at and deciding on your claim. You could have to wait up to 180 calendar days after filing your claim before you receive an answer.

Many factors influence the time it takes for VA to make a decision on your claim. The amount of evidence you submit will play a major role in the speed at which your application is considered. 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 affect the time it takes to finish the process. You can accelerate the process by submitting your evidence as soon as possible by being specific with your details regarding the address of the medical care facilities you use, and submitting any requested information when it becomes available.

You can request a more thorough review if it is your opinion that the decision you were given regarding your disability was not correct. You must submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. This review doesn't contain any new evidence.