9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

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

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

Aggravation

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

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion proving the seriousness of the pre-service condition. In addition to a doctor's statement in addition, the veteran will require medical records and lay assertions from family or friends who can confirm the seriousness of their pre-service ailments.

In a veterans disability lawsuits Disability - Http://Jejucordelia.Com/Eng/Bbs/Board.Php?Bo_Table=Review_E&Wr_Id=396007, claim it is essential to note that the condition being aggravated has to be distinct from the initial disability rating. An attorney for disability can guide an ex-servicemember on how to provide the proper medical evidence and testimony to establish that their condition was not only caused by military service, but was worse than it would have been without the aggravating factor.

In addressing this issue, VA proposes to re-align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and debate in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To be eligible for benefits, veterans must prove the impairment or illness was caused by service. This is known as showing "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular diseases that develop due to specific service-connected amputations. For other conditions, such as PTSD the veterans must present lay evidence or testimony from people who were close to them in the military, to connect their condition to an specific incident that took place during their time of service.

A preexisting medical condition may also be service-connected in the event that it was aggravated through active duty and not through natural progress of the disease. It is recommended to present a doctor's report that explains that the aggravation of the condition was due to service, and not simply the natural progression.

Certain ailments and injuries are believed to be caused or aggravated due to service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or caused by service. They include AL amyloidosis, chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your lawyer who is accredited by the VA does not take this step for the client, then you must do it on your own. This form allows you 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 for a higher-level review one of which you must carefully consider. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and then either reverse or affirm the earlier decision. You may be required or not required to submit a new proof. The alternative is to request a hearing before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They're experienced and know the best option for your situation. They are also familiar with the challenges faced by disabled veterans and can be a better advocate for you.

Time Limits

You can claim compensation if you have an illness that you developed or worsened in the course of serving in the military. However, you'll need patient with the process of considering and deciding about your claim. It may take up to 180 days after the claim has been filed before you get a decision.

Many factors affect the time it takes for the VA to decide on your claim. The amount of evidence you submit will play a big role in how quickly your application is reviewed. The location of the VA field office which will be reviewing your claim can also influence the length of time it takes.

How often you check in with the VA to see the status of your claim could affect the time it takes to finish the process. You can help accelerate the process by providing evidence promptly by being specific with your address details for the medical facilities you use, and sending any requested information as soon as it is available.

If you believe there was a mistake in the decision on your disability, you may request a higher-level review. You must submit all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. However, this review can't contain new evidence.