How to File a veterans Disability lawyer Disability Claim

The claim of a veteran for disability is a vital element of the application for benefits. Many veterans get tax-free income when their claims are accepted.

It's no secret that the VA is a long way behind in the process of processing disability claims from 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 could be physical or mental. A VA lawyer who is qualified can help an ex-military person make an aggravated disability claim. A claimant must prove, with medical evidence or independent opinions, that their medical condition prior to serving was made worse through active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is through an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's opinion, the veteran must also submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

It is crucial to remember in a claim for a disability benefit for veterans that the condition being aggravated has to be different from the initial disability rating. An attorney for disability can guide the former service member on how to provide the proper medical evidence and testimony to prove that their original health condition was not merely aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversies during the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" is the cause of litigation and uncertainty.

Conditions that are associated with Service

To qualify for benefits, veterans disability lawyers must show that the health or disability was caused by service. This is called showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular disease that develops due to specific amputations that are connected to service. Veterans suffering from other ailments, like PTSD need to provide lay testimony or lay evidence from those who were their friends during their service to establish a connection between their condition with a specific incident that occurred during their military service.

A preexisting medical condition could also be service-related when it was made worse by active duty and not caused by the natural progress of the disease. It is advisable to provide a doctor's report that explains that the aggravation of the condition was caused by service, and not simply the natural progression.

Certain ailments and injuries are believed to have been caused or aggravated by service. These are referred to as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, and various Gulf War conditions. Certain chronic illnesses and tropical diseases are thought to be resulted or aggravated by military service. These are AL amyloidosis, chloracne or other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these probable conditions, click here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. The VA-accredited attorney you have chosen will complete this for you but if not, you can do it yourself. 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 available for a higher level review. Both options should be carefully considered. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference to the previous decision) and either overturn or veterans disability lawyer confirm the earlier decision. You may be required or not required to provide new proof. The other path is to request an interview before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these issues with your lawyer who is accredited by the VA. They will have experience in this area and will know the best option for your specific case. They also know the challenges faced by disabled veterans and can be an effective advocate for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened during your time in the military. However, you'll need to be patient with the process of taking a look at and deciding on your claim. You may have to wait up to 180 calendar days after filing your claim before receiving a decision.

There are a variety of factors which can impact the length of time the VA will take to make an assessment of your claim. How quickly your claim will be evaluated is largely determined by the quantity of evidence you provide. The location of the field office that handles your claim will also impact how long it takes for the VA to review your claims.

The frequency you check in with the VA to check the status of your claim could affect the time it takes to process. You can speed up the process by submitting proof as soon as you can by being specific with your details regarding the address of the medical care facilities you utilize, and providing any requested information as soon as it is available.

You could request a higher-level review if you believe that the decision made on your disability was incorrect. You'll have to submit all the facts regarding your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. This review does not include any new evidence.