The Comprehensive Guide To Veterans Disability Lawyer

How to File a Veterans disability law firms Disability Claim

A veteran's disability claim is an important element of their benefit application. Many veterans earn tax-free earnings when their claims are accepted.

It's not secret that VA is behind in the process of processing claims for disability by veterans. A decision can take months or even years.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition that was made worse by their military service. This type of claim can be physical or mental. A VA lawyer who is qualified can help an ex-military person to file a claim for aggravated disabilities. A claimant must show, with medical evidence or independent opinions that their medical condition prior to service was aggravated due to active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to a physician's declaration the veteran will need to submit medical records and lay declarations from family members or friends who can attest to the extent of their pre-service injuries.

In a claim for disability benefits for veterans disability lawsuits, it is important to be aware that the condition that is aggravated must be distinct from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimonies to establish that their original condition wasn't simply aggravated due to military service but was also more severe than what it would have been had 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 regulations has led to confusion and disagreement during the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Conditions of Service

In order for a veteran to be eligible for benefits, they must show that their disability or illness is connected to service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that arise due to specific amputations that are connected to service. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or those who knew them during the military, to connect their illness to a specific incident that took place during their service.

A preexisting medical issue could be a result of service when it was made worse through active duty and not by natural progress of the disease. The best way to establish this is by submitting the opinion of a doctor that the ailment was due to service and not just the normal progress of the condition.

Certain injuries and illnesses can be attributed to or aggravated due to treatment. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a system to appeal their decision on the issue of whether or not to grant benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you however if not, you can do it yourself. This form is used to notify the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two paths to a more thorough review and both of them are options you should carefully consider. 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 review is given to prior decisions) review and either overturn the earlier decision or uphold the decision. You might or may not be able submit new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these issues with your VA-accredited lawyer. They will have experience and know what is best for your case. They also know the issues faced by disabled veterans, which can make them more effective advocates for you.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened during military service, then you could file a claim in order to receive compensation. It is important to be patient as the VA examines and decides on your application. You may have to wait up to 180 calendar days after submitting your claim before receiving a decision.

There are a variety of factors that can affect how long the VA will take to make an informed decision on your claim. How quickly your application will be reviewed is largely determined by the quantity of evidence you submit. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.

How often you check in with the VA regarding the status of your claim can affect the time it takes to process. You can help speed up the process by providing evidence 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 may request a higher-level review if you feel that the decision based on your disability was not correct. You must submit all of the facts about your case to a knowledgeable reviewer who will determine whether there an error in the original decision. This review does not contain any new evidence.