The 9 Things Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans get tax-free income when their claims are approved.

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

Aggravation

A veteran could be eligible to claim disability compensation for an illness that was caused by their military service. This kind of claim is known as an aggravated impairment and can be either mental or physical. A VA lawyer who is qualified can assist an ex-military person file an aggravated disabilities claim. A claimant has to prove either through medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion proving the severity of the pre-service illness. In addition to a doctor's report the veteran will require medical records and lay statements from friends or family members who can confirm the seriousness of their pre-service ailments.

In a veterans disability claim it is essential to remember that the condition being aggravated has to differ from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to establish that their original condition wasn't only aggravated because of military service, however, it was much worse than it would have been if the aggravating factor wasn't present.

In addressing this issue, VA is proposing to realign the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and controversy in the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Conditions that are associated with Service

For a veteran to qualify for benefits, they have to prove that their illness or disability is related to service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such ischemic heart diseases or other cardiovascular diseases that arise as a result specific amputations connected to service. For other conditions, like PTSD veterans disability lawyer have to present the evidence of laypeople or people who were their friends in the military, in order to connect their condition with a specific incident that took place during their time of service.

A preexisting medical issue could also be service-related in the event that it was aggravated by their active duty service and not caused by the natural progression of the disease. It is best to provide an explanation from a doctor that the aggravation of the condition was due to service, and not the natural development of the disease.

Certain injuries and illnesses may be presumed 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, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not do this for the client, then you must complete it on your own. This form is used to inform the VA that you are not satisfied with their decision and veterans disability that you want a higher-level review of your case.

You have two options for a higher level review. Both should be considered carefully. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either overturn the earlier decision or confirm it. You may be required or not to submit new proof. You can also request an appearance before a veterans disability lawsuit Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best lane for your appeal, and it's essential to discuss these issues with your VA-accredited attorney. They will have experience and know what's best for your situation. They are also aware of the difficulties faced by disabled veterans, which can make them a stronger advocate for you.

Time Limits

If you suffer from a disability that was acquired or worsened during military service, you may file a claim to receive compensation. However, you'll need to be patient when it comes to the VA's process of taking a look at and deciding on your claim. It could take up to 180 days after the claim has been filed before you are given an answer.

Many factors influence how long it takes the VA to consider your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you submit. The location of the field office responsible for your claim also influences how long it will take for the VA 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 your claim. You can accelerate the process of filing a claim by providing all evidence as fast as you can, and providing specific information about the medical facility you use, and providing any requested information.

You can request a more thorough review if you feel that the decision based on your disability was not correct. You'll need to provide all the facts regarding your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. But, this review will not include new evidence.