10 Things That Your Family Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans who have their claims accepted receive additional income each month which is tax-free.

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

Aggravation

veterans disability lawyers may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This kind of claim can be either mental or physical. A VA lawyer who is certified can help an ex-military person submit an aggravated disabilities claim. The claimant must demonstrate through medical evidence or an independent opinion, that their medical condition prior to service was aggravated due to active duty.

Typically the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion by a physician who specializes in the disability of veterans. In addition to a physician's declaration the veteran will be required to provide medical records and lay assertions from family or friends who can confirm the extent of their pre-service injuries.

When a claim for disability benefits from veterans it is crucial to remember that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony in order to prove that their original condition wasn't merely aggravated due to military service but it was worse than what it would have been had the aggravating factor weren't present.

In order to address 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 controversies in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

To qualify for benefits, veterans must show that his or her impairment or illness was caused by service. This is known as "service connection." For certain ailments, like ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD the veterans Disability lawyer must present lay evidence or testimony from people who knew them in the military to prove their condition to a specific incident that took place during their time in service.

A preexisting medical condition could also be service-connected in the event that it was aggravated by active duty and not by natural progression of the disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, not just the natural progression of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated by treatment. 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 diseases and veterans disability lawyer tropical diseases are also suspected to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf but if not, you may file it yourself. This form is used by the VA to let them know that you do not agree with their decision, and want a higher level review of your case.

There are two routes to a more thorough review, both of which you must carefully consider. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either reverse or affirm the decision made earlier. You may be required or not required to provide new proof. You may also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Veterans disability lawyer Washington D.C.

There are a variety of factors that go into choosing the best route for your appeal, so it's important to discuss these with your VA-accredited attorney. They'll have expertise in this field and know the best option for your specific case. They are also aware of the challenges that disabled veterans face and can be an ideal advocate for you.

Time Limits

You can apply for compensation if you have a disability that you acquired or worsened while serving in the military. However, you'll need to be patient when it comes to the VA's process of review and deciding on your claim. It may take up to 180 days after your claim is filed before you are given a decision.

There are a variety of factors that influence how long the VA will take to make a decision on your claim. How quickly your application will be evaluated is largely determined by the volume of evidence you submit. The location of the field office responsible for your claim can also influence how long it will take for the VA to review your claims.

Another factor that can impact the time it takes for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can accelerate the process by submitting your evidence as soon as you can by being specific with your details regarding the address of the medical care facilities that you use, and submitting any requested information immediately when it becomes available.

If you think there was a mistake in the decision regarding your disability, you are able to request a higher-level review. This requires you to submit all evidence in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review cannot include any new evidence.