10 Reasons Why People Hate Veterans Disability Lawyer Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans disability case who have their claims accepted receive additional income each month that is tax-free.

It's not secret that VA is behind in processing veteran disability claims. The process can take months or even years.

Aggravation

veterans disability lawyers may be entitled to disability compensation if their condition was aggravated by their military service. This type of claim could be mental or physical. A skilled VA lawyer can help a former servicemember make an aggravated disability claim. A claimant must show through medical evidence or independent opinions, that their medical condition prior to serving was aggravated through active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the doctor's report, the veteran should also submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a veterans disability legal disability claim it is essential to keep in mind that the condition that is aggravated must differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony in order to prove that their original condition wasn't only aggravated because of military service, however, it was much worse than it would have been if the aggravating factor wasn't present.

In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and debate during the process of filing claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Conditions Associated with Service

For a veteran to qualify for benefits, they must show that their disability or illness is connected to service. This is known as showing "service connection." For some diseases, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific services-connected amputations is granted automatically. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who were their friends in the military, to link their condition to a specific incident that occurred during their time in service.

A pre-existing medical issue can also be service related if it was aggravated by active duty and not due to the natural progression of the disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.

Certain injuries and illnesses are believed to be caused or aggravated by service. These are called "presumptive diseases." 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 diseases are presumed to have been resulted or aggravated by military service. These include AL amyloidosis, chloracne or other acne-related disorders and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer will not do this for you, then you're able to complete the process on your own. This form is used to tell the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two options to request an additional level review. Both options should be considered carefully. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a review de novo (no deference to the previous decision) and either reverse or affirm the earlier decision. You could be able or not required to provide new proof. The alternative is to request an interview with an veterans disability lawsuit Law Judge at the Board of veterans disability attorney' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your VA-accredited attorney. They'll have expertise in this field and know what is the most appropriate option for your specific case. They are also familiar with the challenges faced by disabled veterans which makes them an effective advocate for you.

Time Limits

If you suffer from a disability which was created or worsened in the military, you could file a claim in order to receive compensation. But you'll have to be patient when it comes to the VA's process of reviewing and deciding on the merits of your claim. It could take up to 180 calendar days after submitting your claim before you get a decision.

Many factors affect how long it takes the VA to decide on your claim. The amount of evidence that you submit is a significant factor Veterans Disability Claim in the speed at which your application is reviewed. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.

The frequency you check in with the VA regarding the status of your claim could affect the length of time it takes to process. You can help accelerate the process by submitting your evidence promptly and being specific in your details regarding the address of the medical facilities you use, and sending any requested information when it becomes available.

If you believe there was an error in the decision regarding your disability, then you can request a higher-level review. You will need to submit all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the initial decision. This review does not include any new evidence.