How to File a veterans disability lawyers Disability Claim

A veteran's disability claim is a critical part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income which is tax-free.

It's not secret that VA is behind in processing veteran disability claims. It could take months, even years for a decision to be made.

Aggravation

Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim can be mental or physical. A licensed VA lawyer can assist former service members file an aggravated disability claim. A claimant must demonstrate via medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to a doctor's report the veteran will also have to submit medical records and lay statements from family members or friends who can confirm the extent of their pre-service injuries.

In a veterans disability claim, it is important to note that the aggravated condition has to be different from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony in order to prove that their previous condition wasn't simply aggravated by military service, but was also more severe than what it would have been had the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions of Service

To qualify a veteran for benefits, they must demonstrate that their disability or illness is related to their service. This is known as "service connection." For some diseases, such as Ischemic heart disease and other cardiovascular diseases that manifest due to specific service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD veterans are required to provide documents or evidence from those who knew them during the military, in order to connect their illness to a specific incident that took place during their time of service.

A preexisting medical problem could be service-related if it was aggravated by their active duty service and not caused by the natural progression of the disease. The most effective method to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service and not just the normal development of the condition.

Certain ailments and injuries can be thought to be caused or aggravated by service. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and different Gulf War conditions. Certain chronic diseases and tropical diseases are presumed to have been resulted or aggravated by military service. These are AL amyloidosis, chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive illnesses.

Appeals

The VA has a process for appealing their decision on whether or not to award benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer does not do this for you, you are able to do it on your own. This form is used to tell the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.

There are two options available for an additional level review. Both options should be carefully considered. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration of previous decisions) review and either reverse the earlier decision or uphold the decision. You may or may not be able submit new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your VA-accredited attorney. They'll have experience in this field and know the best option for your particular situation. They are also aware of the difficulties faced by disabled Veterans disability lawyer and can be a stronger advocate for you.

Time Limits

You can seek compensation if you have an illness that you developed or worsened during your time in the military. However, you'll need patient during the VA's process of reviewing and deciding on the merits of your claim. You may need to wait up to 180 calendar days after filing your claim to receive an answer.

There are many variables that affect the time the VA will take to reach an decision on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence you submit. The location of the VA field office that will be reviewing your claim could also impact the length of time it takes.

The frequency you check in with the VA regarding the status of your claim can affect the time it takes to complete the process. You can help speed up the process by providing evidence promptly, being specific in your address details for the medical facilities you use, and sending any requested information immediately when it becomes available.

You could request a higher-level review if you believe the decision made on your disability was unjust. You'll have to submit all the details of your case to an experienced reviewer, who can determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.