Solutions To The Problems Of Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. 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 from veterans disability Law Firms. It can take months or even years, for a decision to be made.

Aggravation

A veteran might be able get disability compensation in the event of a condition that was caused by their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A VA lawyer who is qualified can help an ex-military member to file a claim for aggravated disabilities. A claimant has to prove through medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

Typically, the best 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 the doctor's opinion, the veteran should also submit medical records and statements from family members or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is crucial to note that the aggravated condition has to be different from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony to establish that their original condition wasn't merely aggravated by military service, but it was worse than it would have been if the aggravating factor hadn't been present.

In addressing this issue VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and controversy in the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is related to their service. This is called showing "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart disease or another cardiovascular diseases that arise because of specific amputations connected to service. For other conditions, like PTSD veterans disability lawsuit have to present the evidence of laypeople or people who were close to them in the military to prove their illness to a specific incident that took place during their service.

A preexisting medical condition could be service-related when it was made worse by active duty and not caused by the natural progress of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was caused by service, and not the natural progression.

Certain injuries and illnesses are believed to have been caused or aggravated by the service. These are referred to as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of War, and various Gulf War conditions. Certain chronic illnesses and tropical diseases are also believed to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will file this on your behalf, but if they do 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 higher level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference to the previous decision) and either reverse or confirm the earlier decision. You may be required or not to submit new proof. The alternative is to request an interview with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, and it's crucial to discuss these with your attorney who is accredited by the VA. They'll have experience and will know the best route for your case. They also know the issues faced by disabled veterans disability attorney and can help them become more effective advocates for you.

Time Limits

You can apply for compensation if you have an illness that you developed or worsened as a result of serving in the military. However, you'll need patient when it comes to the process of taking a look at and deciding on your claim. It may take up to 180 days after your claim is filed before you get an answer.

There are a variety of factors which can impact the length of time the VA will take to reach an decision on your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence that you submit. The location of the field office handling your claim will also impact the time it will take for the VA to review your claim.

How often you check in with the VA on the status of your claim can influence the time it takes to finish the process. You can speed up the process by providing evidence as soon as possible by being specific with your details regarding the address of the medical facilities you use, and sending any requested information immediately when it becomes available.

You could request a higher-level review if you feel that the decision you were given regarding your disability was wrong. You'll need to provide all the details of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. However, this review is not able to contain new evidence.