How To Resolve Issues With Veterans Disability Lawyer

How to File a Veterans Disability Claim

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

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

Aggravation

Veterans could be entitled to disability compensation if their condition was caused by their military service. This type of claim is referred to as an aggravated impairment and can be either mental or physical. A VA lawyer who is certified can assist a former military member make an aggravated disability claim. A claimant must demonstrate by proving medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

Typically, the most effective method to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's report, the veteran is required to submit medical records and the lay statements of family or friends who can attest to their pre-service condition.

In a veterans disability legal disability claim it is crucial to remember that the condition being aggravated has to be distinct from the initial disability rating. An attorney for disability can guide an ex-servicemember on how to present sufficient medical evidence and proof that their original health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and controversy during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

For a veteran to qualify for benefits, they must demonstrate that their illness or disability is related to their service. This is known as proving "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases or any other cardiovascular conditions that develop due to specific service-connected amputations. For other conditions, like PTSD veterans disability lawsuit have to present documents or evidence from people who were their friends in the military, to connect their condition to a specific incident that occurred during their time of service.

A pre-existing medical problem can be service-related if it was aggravated by active duty and not as a natural progression of disease. The best method to establish this is by submitting the doctor's opinion that the aggravation was due to service, and not the normal development of the condition.

Certain illnesses and injuries may be believed to be caused or aggravated by treatment. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and numerous Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision as to whether or not they will grant benefits. The first step is to file a Notice Of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however, if not, you can file it yourself. This form is used by the VA to inform them that you disagree with their decision and want a higher level review of your case.

There are two options to request higher-level review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either overturn or uphold the earlier decision. You may be able or Veterans Disability Claim not to submit new proof. You may also request a hearing before a veterans disability lawyers Law judge at the Board of veterans disability attorney' Appeals, Washington D.C.

There are many aspects to consider when selecting the best route for your appeal, and it's essential to discuss these options with your VA-accredited attorney. They have experience and know what's best for your case. They are also familiar with the challenges that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

If you suffer from a disability that was incurred or worsened during your military service, you could file a claim in order to receive compensation. However, you'll need to be patient with the process of considering and deciding about your claim. It could take up to 180 calendar days after filing your claim before you get a decision.

Many factors influence the time it takes for VA to make a decision on your claim. How quickly your application will be evaluated is largely determined by the quantity of evidence you submit. The location of the VA field office that will be reviewing your claim can also impact the time it takes to review your claim.

The frequency you check in with the VA to check the status of your claim could also affect the time it takes to complete the process. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as you can, including specific information about the medical center you use, as well as sending any requested details.

You may request a higher-level review if you feel that the decision based on your disability was not correct. This involves submitting all the existing facts in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. But, this review will not include new evidence.