5 Laws That ll Help The Veterans Disability Lawyer Industry

How to File a plaquemine veterans disability law firm Disability Claim

The claim of a disabled veteran is a crucial component of the application process for benefits. Many veterans who have their claims approved receive additional income each month which is tax-free.

It's not a secret that the VA is a long way behind in the process of processing disability claims from Fort Collins Veterans Disability Attorney. The process can take months or costsi.com even years.

Aggravation

A veteran could be eligible to receive compensation for disability due to the condition that was caused by their military service. This type of claim is known as an aggravated disability. It can be either mental or physical. A VA lawyer who is competent can assist a former military member make an aggravated disability claim. A claimant must show using medical evidence or an independent opinion, that their medical condition prior to serving was aggravated by active duty.

Typically the best way to demonstrate that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion the veteran will also require medical records and lay statements from friends or family members who are able to confirm the extent of their pre-service injuries.

It is essential to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different than the original disability rating. A disability attorney can advise a former servicemember on how they can provide enough medical evidence and proof that their original condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has caused confusion and controversies regarding the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Service-Connected Conditions

To be eligible for benefits, the veteran must prove that the cause of their health or disability was caused by service. This is referred to as "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that manifest as a result of specific services-connected amputations is automatically granted. For other conditions, such as PTSD veterans are required to provide lay evidence or testimony from those who knew them during the military, in order to connect their condition with a specific incident that took place during their time of service.

A pre-existing medical condition could be a service-related issue in the case that it was aggravated because of active duty and not as a natural progression of the disease. It is recommended to present 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 are believed to be caused or 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 prisoner of war, and various Gulf War conditions. Certain chronic illnesses and tropical diseases are also believed to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision regarding whether or not to grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you but if not, you can do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options for higher-level review. Both should be considered carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform a de novo (no consideration of previous decisions) review and either overturn the previous decision or affirm the decision. You may or may not be able to submit new evidence. The alternative is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most effective route for your appeal, so it is important to discuss these issues with your attorney who is accredited by the VA. They're experienced in this area and will know what makes sense for your specific case. They also know the challenges that disabled veterans face, which makes them more effective advocates for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened during your time in the military. But you'll have to be patient when it comes to the VA's process of review and deciding on the merits of your claim. You may need to wait up to 180 calendar days after filing your claim before receiving an answer.

Many factors influence the time it takes for the VA to consider your claim. The amount of evidence you provide will play a big role in the speed at which your claim is reviewed. The location of the field office that is responsible for your claim will also affect how long it takes for the VA to review your claims.

How often you check in with the VA regarding the status of your claim could affect the length of time it takes to finish the process. You can speed up the process by submitting evidence as soon as you can by being specific with your details regarding the address of the medical care facilities you utilize, and providing any requested information immediately when it becomes available.

If you believe that there has been an error in the decision regarding your disability, you may request a higher-level review. This involves submitting all the existing facts in your case to a senior reviewer who can determine whether there was an error in the initial decision. However, this review cannot contain new evidence.