10 Things That Your Family Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Lawyer Disability Claim

The claim of a disabled veteran is an important part of the application for benefits. Many veterans who have their claims accepted receive additional monthly income that is tax-free.

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 decision to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition made worse by their military service. This kind of claim can be mental or physical. A competent VA lawyer can assist former service members submit an aggravated claim. The claimant must prove either through medical evidence or independent opinions that their pre-service condition was made worse by active duty.

Typically the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert doctor who is specialized in the disability of veterans. In addition to a doctor's report in addition, the veteran will need to submit medical records and lay declarations from family members or friends who can testify to the severity of their pre-service condition.

It is crucial to remember in a veterans disability claim that the conditions that are aggravated must differ from the original disability rating. An attorney for disability can guide the former service member on how to present sufficient medical evidence and testimony to prove that their health condition was not merely aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the claims process. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Conditions of Service

To be eligible for benefits, veterans must prove the disability or illness was caused by service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases or any other cardiovascular conditions that develop because of specific amputations connected to service. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from people who knew them in the military, to connect their condition to an specific incident that occurred during their service.

A pre-existing medical condition can be service-related when it was made worse because of active duty and not as a natural progression of the disease. The most effective method to prove this is to present the doctor's opinion that the ailment was due to service and not just the normal progression of the condition.

Certain illnesses and injuries are believed to have been caused or aggravated by service. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and other Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been resulted or aggravated by military service. They include AL amyloidosis, chloracne, other acne-related diseases Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a procedure to appeal 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 file this 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.

You have two options for a more thorough review. Both should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and then either reverse or uphold the earlier decision. You could or might not be able submit new evidence. The alternative is to request an appointment before a Veterans Law Judge at the Board of veterans disability lawsuit' Appeals in Washington, D.C.

There are many factors that go into choosing the most appropriate route for your appeal, so it is important to discuss these issues with your attorney who is accredited by the VA. They'll have expertise in this field and know what makes the most sense for your particular situation. They also understand the challenges faced by disabled veterans which makes them a stronger advocate for you.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened while serving in the military. But you'll have to be patient when it comes to the VA's process for considering and deciding about your claim. It may take up to 180 days after your claim is filed before you are given an answer.

Numerous factors can affect the time it takes for VA to make a decision on your claim. How quickly your application will be evaluated is largely determined by the volume of evidence that you submit. The location of the VA field office which will be evaluating your claim could also impact how long it takes.

Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can accelerate the process by submitting evidence as soon as you can and by providing specific address information for the medical care facilities that you use, and submitting any requested information as soon as it is available.

If you believe there was a mistake in the decision regarding your disability, you are able to request a higher-level review. This means that you submit all the relevant facts of your case to an expert reviewer who can determine if there was an error in the initial decision. However, this review cannot include any new evidence.