9 Lessons Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a veteran for disability is an important element of the application for benefits. Many veterans receive tax-free income when their claims are approved.

It's no secret that the VA is a long way behind in the process of processing disability claims for veterans. It could take months, even years for a determination to be made.

Aggravation

A veteran might be able to receive compensation for disability due to a condition that was worsened due to their military service. This kind of claim is known as an aggravated disability. It could 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 show through medical evidence or independent opinions, that their pre-service medical condition was made worse through active duty.

Typically, the most effective method to prove that a pre-service issue was aggravated is to get an independent medical opinion by an expert doctor who is specialized in the veteran's disability. In addition to the physician's statement, the veteran should also submit medical records as well as statements from relatives or friends who attest to their pre-service condition.

In a veterans disability claim, it is important to remember that the condition being aggravated has to be distinct from the initial disability rating. An attorney for disability can guide the former service member on how to provide sufficient medical evidence and testimony to establish that their original condition was not just aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy during the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits the veteran must prove that their impairment or illness was caused by service. This is known as proving "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular conditions that develop as a result specific amputations that are connected to service. For other conditions, such as PTSD, veterans disability lawyer (visit this site) must provide documents or evidence from those who knew them during the military, in order to connect their condition to a specific incident that occurred during their time in service.

A pre-existing medical problem can be a result of service in the event that it was aggravated by active duty and not just the natural progression of disease. The best method to prove this is to present a doctor's opinion that states that the ailment was due to service, and not the normal progress of the condition.

Certain injuries and illnesses can be believed to be caused or aggravated due to treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are also presumed to have been caused or worsened by military service. They include AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you but if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.

There are two routes to an upper-level review one of which you should carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference to the decision made previously) and either reverse or affirm the decision made earlier. You may be required or not required to submit a new proof. The alternative is to request a hearing with an Veterans Law Judge from 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, and it's essential to discuss these with your attorney who is accredited by the VA. They'll have experience in this field and know what is the most appropriate option for your particular case. They also understand the challenges that disabled veterans face and can help them become an effective advocate for you.

Time Limits

You can apply for compensation if you suffer from a disability that was 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 of taking a look at and deciding on your claim. It could take 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 is a significant factor in how quickly your claim is considered. The location of the field office responsible for your claim also influences how long it takes for the VA to review your claims.

How often you check in with the VA to check the status of your claim can affect the length of time it takes to process. You can accelerate the process by making sure to submit all evidence as swiftly as possible, providing specific information regarding the medical center you use, and providing any requested information.

You can request a higher level review if you feel that the decision made on your disability was incorrect. You will need to submit all the facts of your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. The review doesn't include any new evidence.