10 Things That Your Family Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a veteran for disability is a crucial part of submitting an application for benefits. Many veterans Disability lawyer who have their claims accepted receive a monthly income that is tax free.

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

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim can be either mental or physical. A VA lawyer who is qualified can help an ex-military member submit an aggravated disabilities claim. A claimant must prove using medical evidence or an independent opinion, that their medical condition prior to service was aggravated by active duty.

Typically the best way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion by an expert in the disability of veterans disability law firms. In addition to a doctor's report the veteran will be required to provide medical records and lay declarations from friends or family members who are able to confirm the seriousness of their pre-service ailments.

When a claim for disability benefits from veterans it is essential to be aware that the aggravated condition has to be distinct from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony in order to prove that their original condition wasn't just aggravated because of military service, but was also more severe than it would have been if the aggravating factor wasn't present.

VA proposes to realign 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 controversy in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

To qualify a veteran for benefits, they have to prove that their condition or illness is related to service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops as a result specific service-connected amputations. Veterans suffering from other ailments, like PTSD, must provide witness testimony or lay evidence from people who knew them during their service to establish a connection between their condition with a specific event that occurred during their time in the military.

A preexisting medical condition could be service-related when it was made worse by active duty and not caused by the natural progression of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was caused by service, and not simply the natural progression.

Certain ailments and injuries are believed to be caused or aggravated by the service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical illnesses 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. For more information on these presumptive conditions, visit here.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer does not do this for you, then you can complete it on your own. This form is used to inform the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two options for a 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 an in-person (no consideration of previous decisions) review and either reverse the earlier decision or uphold it. You could or might not be able to present new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss these issues with your VA-accredited attorney. They're experienced and know what's best for your situation. They also know the issues that disabled veterans face and can be an effective advocate for you.

Time Limits

If you have a disability which was created or worsened during your military service, you could file a claim in order to receive compensation. However, you'll need 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 you receive an answer.

Many factors affect the time it takes for VA to determine your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim will also affect the length of time required to review.

Another aspect that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the process by providing all evidence as fast as you can, including specific details about the medical facility you use, and sending any requested details.

If you believe that there has been a mistake in the determination of your disability, then you can request a higher-level review. This involves submitting all the facts that exist in your case to an experienced reviewer who will determine whether there was an error in the initial decision. However, this review can't include new evidence.