Solutions To Issues With Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans receive tax-free income when their claims are granted.

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

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A VA lawyer who is qualified can help an ex-military person file an aggravated disabilities claim. A claimant needs to prove by proving medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

Typically the most effective way to prove that a pre-service issue was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the disability of onalaska veterans disability attorney. In addition to the physician's statement, the veteran is required to 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 to be disabled by a veteran that the aggravated condition must differ from the original disability rating. A disability attorney can advise the former soldier on how to present sufficient medical evidence and testimony to establish that their condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to change the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and controversy during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, veterans must prove their condition or disability was caused by service. This is referred to as "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that manifest because of service-connected amputations, Lake elsinore veterans disability lawyer a service connection is automatically granted. Lake elsinore veterans disability lawyer suffering from other conditions, like PTSD are required to provide lay testimony or lay evidence from those who were their friends during their service to link their condition to a specific incident that occurred during their military service.

A preexisting medical condition may also be service-connected in the event that it was aggravated through active duty and not by natural progression of the disease. The most effective way to establish this is by submitting a doctor's opinion that states that the ailment was due to service and not just the normal progression of the condition.

Certain ailments and injuries can be attributed to or aggravated because of service. These are called "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by military service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney may complete this for you but if not, you may file it yourself. This form allows you to inform the VA you disagree with their decision and you want a higher-level review of your case.

There are two options for a higher-level review, both of which you should carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the decision made previously) and then either reverse or affirm the earlier decision. You might or may not be able submit new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors that go into choosing the best route for your appeal, so it's important to discuss these issues with your VA-accredited attorney. They will have experience in this area and will know what is the most appropriate option for your particular situation. They also know the challenges that disabled veterans face which makes them an effective advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was incurred or worsened in the military, you can file a claim and receive compensation. But you'll need to be patient when it comes to the process of reviewing and deciding on your claim. It could take up to 180 calendar days after filing your claim before you get a decision.

Many factors affect how long it takes the VA to consider your claim. How quickly your claim will be reviewed is largely determined by the amount of evidence you provide. The location of the VA field office which will be reviewing your claim could also impact the time it takes to review your claim.

The frequency you check in with the VA regarding the status of your claim can influence the time it takes to process. You can help speed up the process by submitting your evidence as soon as possible and by providing specific address details for the medical facilities you utilize, and providing any requested information as soon as it is available.

If you believe there was a mistake in the decision on your disability, you can request a higher-level review. You'll need to provide all of the facts about your case to an experienced reviewer who will determine whether there an error in the original decision. However, this review is not able to contain new evidence.