9 Lessons Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

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

It's not a secret that VA is behind in the process of processing claims for disability by veterans. It can take months, even years for a decision to be made.

Aggravation

Veterans may be entitled to disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability. It can be either mental or physical. A VA lawyer who is qualified can help a former military member to file a claim for aggravated disabilities. A claimant needs to prove either through medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

Typically the best way to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert in the disabled veteran. In addition to the physician's statement, the veteran should also submit medical records and statements from family members or friends who attest to their pre-service condition.

It is crucial to remember in a claim for a disability benefit for veterans that the aggravated conditions must be different than the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony in order to show that their initial condition wasn't only aggravated due to military service, but it was worse than it would have been had the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversies during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

To be eligible for benefits veterans must show that their health or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically for veterans disability lawyer certain conditions, like ischemic heart diseases or other cardiovascular conditions that develop as a result specific service-connected amputations. For other conditions, such as PTSD, veterans must provide the evidence of laypeople or people who were close to them in the military, in order to connect their condition to a specific incident that occurred during their time in service.

A preexisting medical condition could also be service-related if it was aggravated through active duty and not caused by the natural progression of the disease. It is best to provide the doctor with a report explaining that the deterioration of the condition was caused by service, and not simply the natural progression of the disease.

Certain injuries and illnesses are believed to be caused or aggravated by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of War, and different Gulf War conditions. Some chronic diseases and tropical diseases are believed 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. Click here for more details about these presumptive illnesses.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney may complete this for you however, if not, you are able to file it yourself. This form is used by the VA to inform them that you disagree with their decision, and want a higher level review of your case.

There are two options available for higher-level review. Both should be considered carefully. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and either reverse or uphold the earlier decision. You may or not be able to submit new evidence. The other path is to request an appointment before an Veterans Law Judge at the Board of veterans disability attorney' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, so it is important to discuss these with your attorney who is accredited by the VA. They will have experience and will know the best route for your situation. They are also aware of the difficulties faced by disabled veterans which makes them an effective advocate for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened while serving in the military. However, you'll need patient during the process of reviewing and deciding on your claim. You could have to wait up to 180 calendar days after submitting your claim before receiving a decision.

Numerous factors can affect how long it takes the VA to determine your claim. The amount of evidence you provide will play a significant role in the speed at which your claim is considered. The location of the field office that is responsible for your claim also influences the time it takes for the VA to review your claims.

The frequency you check in with the VA regarding the status of your claim can affect the length of time it takes to finish the process. You can speed up the claim process by providing all evidence as fast as you can, including specific information about the medical care facility you use, as well as sending any requested details.

If you believe there has been a mistake in the decision on your disability, then you can request a higher-level review. This involves submitting all evidence in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. However, this review is not able to include new evidence.