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 component of his or her benefit application. Many veterans are eligible for tax-free income when their claims are accepted.

It's no secret that VA is way behind in the process of processing disability claims from veterans. The process can take months or even years.

Aggravation

A veteran might be able to receive disability compensation for the condition that was worsened by their military service. This type of claim is referred to as an aggravated impairment and can be either mental or physical. A qualified VA lawyer can help former service members submit an aggravated claim. A claimant has to prove through medical evidence or an independent opinion, that their pre-service medical condition was made worse by active duty.

Typically, the best way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the disability of veterans. In addition to a doctor's report in addition, the veteran will require medical records and lay assertions from family or friends who can attest to the extent of their pre-service injuries.

In a veterans disability claim it is crucial to note that the aggravated condition has to be different from the original disability rating. An attorney who is a disability attorney can help the former soldier on how to provide the proper medical evidence and testimony to prove 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.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these regulations has caused confusion and disagreement during the process of making claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

To be eligible for benefits, they must show that their condition or illness is connected to service. This is referred to as "service connection." For certain conditions, like ischemic heart disease or other cardiovascular diseases that arise because of service-connected amputations, service connection is granted automatically. veterans disability attorneys suffering from other ailments, like PTSD are required to provide lay testimony or lay evidence from people who knew them during their service to establish a connection between their condition with a specific event that occurred during their time in the military.

A pre-existing medical issue can also be service related in the case that it was aggravated due to active duty service and not as a natural progression of the disease. The most effective method to establish this is by submitting an opinion from a doctor that states that the ailment was due to service and not the normal development of the condition.

Certain illnesses and injuries are believed to have been 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, and other Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or worsened by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeals

The VA has a process to appeal their decision regarding whether or not they will grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf, but if they do not, you can do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and would prefer a more thorough review of your case.

There are two options available for a more thorough review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no consideration is given to the previous decisions) review and either reverse the earlier decision or confirm it. You could be able or not required to provide new proof. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the most effective route for your appeal, so it is important to discuss these issues with your VA-accredited attorney. They're experienced and know what's best for your situation. They are also aware of the difficulties faced by disabled veterans disability lawyer, which can make them an effective advocate on your behalf.

Time Limits

If you suffer from a disability that was acquired or worsened during your military service, you can file a claim to receive compensation. You'll have to be patient while the VA reviews and decides on your claim. It may take up to 180 days after the claim has been submitted before you get an answer.

Many factors affect the time it takes for the VA to decide on your claim. The amount of evidence you provide will play a major role in the speed at which your application is considered. The location of the VA field office which will be reviewing your claim can also influence how long it takes.

Another factor that could affect the time required for your claim to be processed is how often you contact the VA to check the status of your claim. You can speed up the process by providing evidence as soon as possible and being specific in your information regarding the addresses of the medical facilities you use, and submitting any requested information immediately when it becomes available.

If you believe that there has been an error in the decision regarding your disability, then you can request a higher-level review. You'll have to submit all the facts of your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. This review doesn't contain any new evidence.