Where Is Veterans Disability Lawyer Be 1 Year From This Year

How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans get tax-free income when their claims are granted.

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

Aggravation

Veterans may be qualified for disability compensation if their condition was aggravated due to their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A VA lawyer who is competent 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 pre-service condition was aggravated due to active duty.

Typically, the most effective way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's opinion the veteran will need to submit medical records as well as lay statements from family or friends who can attest to the severity of their pre-service conditions.

In a claim for disability benefits for Veterans disability law Firms it is essential to note that the condition being aggravated has to be different from the original disability rating. An attorney for disability can guide the former soldier on how to provide the proper medical evidence and testimony to prove that their condition was not only caused by military service, but actually worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and controversies during the process of filing claims. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of disputes and Veterans Disability Law Firms confusion.

Conditions Associated with Service

In order for a veteran to be eligible for benefits, they must prove that their illness or disability is related to their service. This is known as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases or any other cardiovascular disease that develops due to specific amputations linked to service. For other conditions, like PTSD the veterans must present witnesses or lay evidence from those who knew them during the military, to link their condition to an specific incident that occurred during their time of service.

A preexisting medical issue could be service-related in the event that it was aggravated by their active duty service and not through natural progression of the disease. The best method to prove this is by providing the doctor's opinion that the aggravation was due to service and not the normal progression of the disease.

Certain illnesses and injuries are believed to be caused or aggravated by the service. These are known 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 illnesses and tropical diseases are also thought to be caused or aggravated from service. These are AL amyloidosis or chloracne, other acneform diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive diseases, click here.

Appeal

The VA has a procedure to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to file this on your behalf but if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.

You have two options for higher-level review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the decision made previously) and either reverse or affirm the decision made earlier. You may or not be able to present new evidence. The other option is to request an appointment before a Veterans Law Judge at the Board of veterans disability lawyers' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the most appropriate route for your appeal, so it's important to discuss these options with your attorney who is accredited by the VA. They'll have experience and will know the best route for your case. They are also well-versed in the challenges that disabled veterans face which makes them an ideal advocate for you.

Time Limits

You can apply for compensation if you have an illness that you developed or worsened as a result of serving in the military. But you'll need to be patient with the VA's process of review and deciding on your application. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.

There are many factors that affect the time the VA will take to make an assessment of your claim. The amount of evidence you submit will play a major role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim can also impact the length of time required to review.

How often you check in with the VA to check the status of your claim could influence the time it takes to process. You can accelerate the process by making sure to submit all evidence as swiftly as possible, providing specific information about the medical facility you use, as well as providing any requested details.

If you believe there was a mistake in the decision on your disability, you can request a more thorough review. You'll need to provide all of the facts about your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.