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 the application for benefits. Many veterans who have their claims accepted receive a monthly income that is tax-free.

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

Aggravation

Veterans may be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim could be physical or mental. A skilled VA lawyer can help the former service member file an aggravated disability claim. A claimant must show, with medical evidence or independent opinions that their medical condition prior to service was made worse 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 doctor who is specialized in the disabled veteran. In addition to a doctor's statement, the veteran will also need to submit medical records and lay declarations from family or friends who can confirm the severity of their pre-service condition.

In a claim for a disability benefit for veterans it is crucial to note that the aggravated condition must be distinct from the initial disability rating. An attorney who is a disability attorney can help a former servicemember on how they can provide enough medical evidence and evidence to show that their condition was not only caused through military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these regulations has caused confusion and controversies during the process of making claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and uncertainty.

Service-Connected Terms

To be eligible for benefits the veteran must prove that the condition or disability was caused by service. This is known as "service connection." For some conditions, like ischemic heart disease or other cardiovascular diseases that arise as a result of service-connected amputations, service connection is automatically granted. For other conditions, like PTSD veterans have to present documents or evidence from people who were their friends in the military to prove their condition to an specific incident that took place during their time in service.

A pre-existing medical problem can also be service related when it was made worse by active duty and not due to the natural progression of the disease. The most effective method to establish this is by submitting the opinion of a doctor that the ailment was due to service, and not the normal progress of the condition.

Certain ailments and injuries are presumed to have been caused or worsened by service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and numerous Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or triggered by service. These are AL amyloidosis and chloracne as well as other acne-related disorders, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will 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 you would like a higher-level review of your case.

You have two options for a more thorough review. Both should be carefully considered. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the earlier decision or confirm it. You may or may not be allowed to submit new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the best lane for your appeal, veterans disability lawyer and it is important to discuss these issues with your attorney who is accredited by the VA. They're experienced and will know the best route for your situation. They are also aware of the difficulties that disabled veterans face and can help them become more effective advocates on your behalf.

Time Limits

You can apply for compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. However, you'll need to be patient when it comes to the VA's process for reviewing and deciding on your application. It could take up to 180 days after your claim is filed before you receive a decision.

Numerous factors can affect the time it takes for VA to decide on your claim. The speed at which your claim will be considered is mostly determined by the amount of evidence you have submitted. The location of the field office that handles your claim also influences how long it takes for the VA to review your claim.

Another factor that could affect the time it takes your claim to be processed is how often you contact the VA to check on its progress. You can help speed up the process by submitting proof promptly and by providing specific address information for the medical care facilities you use, and sending any requested information as soon as it is available.

You can request a more thorough review if it is your opinion that the decision made on your disability was incorrect. This requires you to submit all relevant facts of your case to an experienced reviewer who will determine whether there was an error in the original decision. The review doesn't include any new evidence.