10 Meetups On Veterans Disability Lawyer You Should Attend

How to File a Veterans Disability Claim

The claim of disability for a veteran is a key component of the application process for benefits. Many veterans who have their claims accepted receive an additional monthly income that is tax free.

It's not secret that VA is behind in the process of processing claims for disability by veterans. It could take months, even years for a determination to be made.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim is referred to as an aggravated disability. It could be either physical or mental. A qualified VA lawyer can help the former soldier make an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions that their medical condition prior to serving was made worse through active duty.

Typically, the most effective method to prove that a condition prior to service was aggravated is through an independent medical opinion from an expert doctor who is specialized in the disability of veterans disability attorney disability litigation - dekatrian.com,. In addition to the doctor's report, the veteran must also provide medical records and statements from relatives or friends who can attest to their pre-service condition.

It is essential to note in a veterans disability claim that the aggravated condition must be different than the original disability rating. A disability lawyer can guide a former servicemember on how to present sufficient medical evidence and testimony to establish that their condition was not only caused through military service, but actually worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and debate regarding the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits, veterans must prove their condition or disability was caused by service. This is known as "service connection." For certain ailments, like Ischemic heart disease and other cardiovascular diseases that develop as a result of service-connected amputations, Veterans Disability Litigation a service connection is granted automatically. Veterans with other conditions, like PTSD are required to provide witness testimony or lay evidence from people who knew them during their time in service to connect their condition to a specific incident that occurred during their military service.

A preexisting medical condition could also be service-connected if it was aggravated by their active duty service and not due to the natural progression of the disease. The best method to prove this is by providing a doctor's opinion that states that the ailment was due to service and not just the normal progress of the condition.

Certain illnesses and injuries are believed to be caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability litigation and radiation exposure among Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or caused by military service. These include AL amyloidosis, chloracne, other acneform diseases Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeals

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 does not do this for you, you are able to complete the process on your own. This form is used to inform the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two ways to get a higher-level review that you should consider carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either reverse or uphold the earlier decision. You could or might not be able submit new evidence. The alternative is to request an appointment with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They'll have experience in this area and will know what is the most appropriate option for your particular situation. They are also aware of the challenges faced by disabled veterans disability attorney and can be an effective advocate on your behalf.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated in the military, 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. It could take up to 180 days after your claim is filed before you receive an answer.

There are a variety of factors which can impact the length of time the VA is able to make a decision on your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence that you submit. The location of the VA field office which will be evaluating your claim will also affect the length of time required to review.

How often you check in with the VA on the status of your claim could also affect the time it takes to process your claim. You can help accelerate the process by submitting proof as soon as you can and being specific in your details regarding the address of the medical care facilities that you use, and submitting any requested information as soon as it is available.

If you think there has been an error in the decision regarding your disability, you are able to request a higher-level review. You'll have to submit all the details of your case to an experienced reviewer, who will decide whether there an error in the initial decision. However, this review cannot include any new evidence.