How to File a veterans disability lawyer Disability Claim

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

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

Aggravation

A veteran might be able to receive disability compensation for the condition that was caused by their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A qualified VA lawyer can assist the former soldier file an aggravated disability claim. A claimant needs to prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

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

When a claim for disability benefits from veterans it is crucial to be aware that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and witness to establish that their original condition wasn't merely aggravated because of military service, but it was worse than what 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 differences in the language of these provisions has created confusion and debate in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits veterans disability law firms must show that their health or disability was caused by service. This is known as proving "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular disease that develops due to specific amputations that are connected to service. For other conditions, like PTSD veterans have to present lay evidence or testimony from those who knew them during the military to prove their illness to a specific incident that took place during their time in service.

A preexisting medical condition could also be service-related if it was aggravated by active duty and not due to the natural progress of the disease. The most effective method to establish this is by submitting the doctor's opinion that the ailment was due to service, and not the normal progression of the condition.

Certain ailments and injuries are believed to be caused or aggravated by the service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are also believed to have been caused or worsened by military service. They include AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, visit here.

Appeals

The VA has a system to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to file this on your behalf, but if they do not, you can file it yourself. This form is used by the VA to let them know that you disagree with their decision, and would prefer a more thorough review of your case.

There are two options available for higher-level review. Both should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the decision made previously) and either reverse or affirm the earlier decision. You might or may not be able to submit new evidence. The other path is to request an appointment before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these aspects with your lawyer who is accredited by the VA. They will have experience in this field and know what makes the most sense for your particular situation. They are also aware of the challenges that disabled veterans face which makes them more effective advocates for you.

Time Limits

If you suffer from a disability that was incurred or worsened during your military service, you may file a claim to receive compensation. However, you'll need to be patient during the process of reviewing and deciding on your application. It could take as long as 180 days after your claim is filed before you are given an answer.

Many factors can influence the time it takes for the VA to make a decision on your claim. The speed at which your application will be considered is mostly determined by the volume of evidence you provide. The location of the field office that is responsible for your claim can also influence how long it will take for the VA to review your claim.

The frequency you check in with the VA to see the status of your claim can also affect the time it takes to complete the process. You can accelerate the process by submitting all evidence as quickly as you can, including specific information regarding the medical center you use, as well as providing any requested details.

You can request a more thorough review if you believe the decision based on your disability was unjust. You must submit all the details of your case to an experienced reviewer, who will determine whether there an error in the initial decision. However, this review can't include any new evidence.