How to File a veterans Disability lawyer Disability Claim

The claim of a veteran for disability is a crucial component of the application process for benefits. Many veterans earn tax-free earnings when their claims are accepted.

It's not a secret that the VA is a long way behind in processing disability claims made by veterans. It can take months, even years, for a final decision to be made.

Aggravation

A veteran may be able get disability compensation in the event of a condition that was caused by their military service. This type of claim can be physical or mental. A VA lawyer who is competent can help a former military member make an aggravated disability claim. The claimant must prove via medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion proving the severity of the condition prior to service. In addition to a doctor's report the veteran will be required to provide medical records and lay statements from family members or friends who can testify to the severity of their pre-service conditions.

It is vital to remember when submitting a claim for disability benefits for veterans disability law firm that the conditions that are aggravated must differ from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony to prove that their original condition wasn't simply aggravated by military service, but that it was more severe than it would have been if the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement during the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits, a veteran must prove that their disability or illness was caused by service. This is known as "service connection." For certain diseases, such as Ischemic heart disease and other cardiovascular diseases that arise as a result of service-connected amputations, service connection is granted automatically. veterans disability lawsuits suffering from other ailments such as PTSD need to provide the evidence of lay witnesses or from those who knew them during their service to link their condition to a specific event that occurred during their time in the military.

A pre-existing medical problem can also be service related if it was aggravated due to active duty service, and not the natural progression of disease. The most effective way to prove this is by providing the doctor's opinion that the ailment was due to service, and not the normal progress of the condition.

Certain illnesses and injuries are presumed to have been caused or aggravated by service. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and different Gulf War conditions. Some chronic diseases and tropical diseases are thought to be caused or aggravated from service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf however, if not, you are able to file it yourself. This form is used to notify the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two options for a higher level review. Both should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct an in-person (no consideration is given to previous decisions) review and either reverse the earlier decision or uphold it. You may be able or not to submit new proof. The alternative is to request an appointment with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the most effective route for your appeal, so it's important to discuss these issues with your attorney who is accredited by the VA. They will have experience and know the best option for your case. They are also well-versed in the challenges that disabled veterans face and their families, which makes them an effective advocate for you.

Time Limits

You can seek compensation if you have an impairment that you acquired or worsened in the course of serving in the military. But you'll need to be patient with the VA's process for taking a look at and deciding on your application. It could take up 180 days after the claim has been filed before you receive a decision.

Many factors influence how long it takes the VA to make a decision on your claim. The amount of evidence submitted will play a major role in the speed at which your application is considered. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.

How often you check in with the VA to see the status of your claim can affect the time it takes to process your claim. You can speed up the claim process by submitting all evidence as quickly as you can. You should also provide specific details regarding the medical care facility you use, as well as providing any requested information.

You can request a higher level review if it is your opinion that the decision made on your disability was incorrect. This involves submitting all existing facts in your case to a senior reviewer who can determine whether there was an error in the initial decision. The review doesn't include any new evidence.