Veterans Disability Lawyer: The Ugly The Truth About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of disability for a veteran is an important part of the application for benefits. Many veterans are eligible for tax-free income after their claims are approved.

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

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim could be physical or mental. A licensed VA lawyer can assist the former soldier to file an aggravated disability claim. A claimant needs to prove, through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert in the condition of the veteran. In addition to the doctor's report, the veteran must also provide medical records and statements from family members or friends who can attest to their pre-service condition.

It is crucial to remember when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the initial disability rating. A disability lawyer can guide the former service member on how to provide sufficient medical evidence and evidence to show that their original condition was not only aggravated through military service, but actually worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and disagreement during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

To be eligible for benefits, veterans must prove the cause of their disability or illness was caused by service. This is known as showing "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular diseases that arise as a result specific amputations linked to service. Veterans with other conditions, like PTSD, Vimeo must provide lay testimony or evidence from people who knew them during their service to establish a connection between their condition with a specific incident that occurred during their military service.

A preexisting medical condition may be service-related when it was made worse by their active duty service and not through natural progression of the disease. It is best to submit the doctor with a report explaining that the deterioration of the condition was caused by service and not the natural progression.

Certain ailments and injuries can be believed to be caused or Vimeo aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and other Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be resulted or aggravated by military service. They include AL amyloidosis or chloracne, other acne-related conditions, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a procedure for appeals to appeal their decision on whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, then you're able to do it yourself. This form is used to notify the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two options for an upper-level review, both of which you should take into consideration. One is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference given to the previous decision) and then either reverse or uphold the earlier decision. You might or may not be able to submit new evidence. You may 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's important to discuss these options with your attorney who is accredited by the VA. They'll have expertise in this field and know what makes sense for your particular case. They also know the difficulties that disabled mount pleasant veterans disability attorney face, which makes them an effective advocate for you.

Time Limits

You can seek compensation if you suffer from an illness that you developed or worsened while serving in the military. You'll need to wait while the VA examines and decides on your claim. You could have to wait up to 180 calendar days after filing your claim before you receive an answer.

There are many factors that can affect how long the VA will take to reach an decision on your claim. The speed at which your claim will be reviewed is largely determined by the volume of evidence you have submitted. The location of the VA field office which will be evaluating your claim could also impact the length of time required to review.

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

If you think there was a mistake in the determination of your disability, you are able to request a higher-level review. This requires you to submit all existing facts in your case to an experienced reviewer who will determine if there was an error in the initial decision. However, this review cannot contain new evidence.