How to File a veterans disability attorney Disability Claim

The claim of a disabled veteran is a crucial part of submitting an application for benefits. Many veterans disability law firms get tax-free income when their claims are granted.

It's no secret that the VA is way behind in the process of processing disability claims made by veterans disability lawyer. It can take months or even years for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for an illness that was worsened due to their military service. This kind of claim is known as an aggravated disability. It could be either physical or mental. A licensed VA lawyer can help the former service member file an aggravated disability claim. A claimant must demonstrate either through 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 can provide an independent medical opinion proving the severity of the pre-service condition. In addition to the physician's statement, the veteran must also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is crucial to be aware that the aggravated condition has to differ from the original disability rating. An attorney who is a disability attorney can help the former service member on how they can provide enough medical evidence and proof that their condition was not only caused by military service, but was worse than it would have been without the aggravating factor.

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

Conditions that are associated with Service

For a veteran to qualify for benefits, they must demonstrate that their condition or illness is connected to service. This is referred to as proving "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases and other cardiovascular disease that develops because of specific amputations that are connected to service. Veterans suffering from other conditions such as PTSD need to provide lay testimony or evidence from those who knew them during their service to establish a connection between their condition to a specific event that occurred during their military service.

A pre-existing medical issue can also be service related if it was aggravated by active duty and not just the natural progression of disease. It is best to submit the doctor with a report explaining that the deterioration of the condition was caused by service, not just the natural progression.

Certain ailments and veterans disability lawyer injuries are presumed to have been caused or aggravated by the service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as various Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by military service. These are AL amyloidosis, chloracne, other acne-related disorders, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a procedure to appeal their decision as to whether or not to grant benefits. The first step is filing a Notice Of Disagreement. If your lawyer who is accredited by the VA does not do this for you, then you're able to complete the process on your own. This form is used by the VA to let them know that you disagree with their decision and veterans disability lawyer you would like a higher-level review of your case.

You have two options for a more thorough review. Both should be considered carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either reverse or affirm the earlier decision. You may be required or not required to submit a new proof. The other path is to request a hearing with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the most appropriate route for your appeal, so it's essential to discuss these options with your attorney who is accredited by the VA. They will have experience and know what's best for your situation. They are also aware of the difficulties that disabled veterans face and can be more effective advocates for you.

Time Limits

If you suffer from a condition that was acquired or worsened during military service, then you can file a claim to receive compensation. You'll need to wait while the VA reviews and decides on your application. It could take up to 180 days after the claim has been filed before you are given an answer.

There are many variables which can impact the length of time the VA takes to make a decision on your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence you provide. The location of the VA field office which will be evaluating your claim could also impact how long it takes.

How often you check in with the VA to see the status of your claim can also affect the time it takes to finish the process. You can speed up the process by making sure to submit all evidence as swiftly as you can, including specific details about the medical center you use, as well as sending any requested information.

If you think there has been a mistake in the decision regarding your disability, you may request a higher-level review. You will need to submit all the facts regarding your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. However, this review is not able to include new evidence.