10 Things That Your Family Teach You About Veterans Disability Lawyer

How to File a veterans disability law firms Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans who have their claims approved receive a monthly income that is tax-free.

It's no secret that the VA is a long way behind in the process of processing disability claims for veterans. A decision can take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A licensed VA lawyer can assist the former soldier to file an aggravated disability claim. The claimant must prove, through medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to the doctor's statement the veteran is required to submit medical records and statements from family members or friends who can attest to their pre-service condition.

When a claim for disability benefits from veterans it is crucial to remember that the aggravated condition must be distinct from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony to prove that their previous condition wasn't simply aggravated by military service, but it was worse than it would have been if the aggravating factor weren't present.

In addressing this issue, VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and disagreement during the process of making claims. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Conditions of Service

To be eligible for benefits, veterans disability lawyers must prove the cause of their health or disability was caused by service. This is known as "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that develop as a result of service-connected amputations, service connection is automatically granted. For other conditions, like PTSD veterans disability attorney are required to provide documents or evidence from 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-connected if it was aggravated through active duty and not through natural progress of the disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was due to service, not just the natural progress of the disease.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. These are AL amyloidosis, chloracne, other acne-related conditions and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeals

The VA has a system for appealing their decision on whether or not to grant benefits. The first step is to file a Notice Of Disagreement. If your lawyer who is accredited by the VA does not take this step for you, you are able to complete it on your own. This form is used by the VA to inform them that you disagree with their decision, and would like a more thorough review of your case.

There are two paths to a higher-level review and both of them are options you should take into consideration. One option is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo review (no deference given to the previous decision) and then either reverse or affirm the earlier decision. You might or may not be able submit new evidence. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors that go into choosing the most appropriate route for your appeal, and it is important to discuss these with your attorney who is accredited by the VA. They'll have expertise in this field and know what is the most appropriate option for your particular case. They are also familiar with the difficulties that disabled veterans face and can be an ideal advocate for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened in the military, you may file a claim to receive compensation. But you'll need to be patient when it comes to the VA's process of considering and deciding about the merits of your claim. It may take up to 180 days after your claim is submitted before you get a decision.

There are many factors that affect the time the VA takes to make an decision on your claim. The amount of evidence that you submit is a significant factor in how quickly your claim is evaluated. The location of the VA field office which will be reviewing your claim will also affect how long it takes.

Another factor that could affect the length of time it takes your claim to be processed is how often you contact the VA to check the progress of your claim. You can speed up the process by sending all documentation as quickly as you can, and providing specific details about the medical facility you use, and sending any requested information.

You may request a higher-level review if it is your opinion that the decision made on your disability was not correct. This involves submitting all the relevant facts of your case to a senior reviewer who can determine if there was an error in the initial decision. This review doesn't contain any new evidence.