The 9 Things Your Parents Teach You About Veterans Disability Lawyer

How to File a rothschild veterans disability attorney Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans who have their claims approved receive additional income each month that is tax free.

It's not a secret that the VA is a long way behind in the process of processing disability claims for veterans. It can take months or even years, for a decision to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This type of claim could be mental or physical. A licensed VA lawyer can assist a former servicemember file an aggravated disability claim. A claimant has to prove through medical evidence or independent opinions, that their medical condition prior to serving was made worse due to active duty.

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

In a veterans disability claim, it is important to be aware that the aggravated condition has to be distinct from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimonies to show that their initial condition wasn't merely aggravated by military service, but it was worse than it would have been had the aggravating factor had not been present.

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 caused confusion and controversy in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

To qualify for benefits, veterans must prove his or her health or disability was caused by service. This is referred to as "service connection." For some ailments, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific services-connected amputations is granted automatically. For other conditions, like PTSD, veterans must provide the evidence of laypeople or people who knew them in the military, to link their condition to a specific incident that took place during their time in service.

A preexisting medical condition may also be service-connected in the event that it was aggravated by active duty and not through natural progress of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.

Certain injuries and illnesses are presumed to have been caused or aggravated by 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 prisoner of war, and different Gulf War conditions. Some chronic diseases and tropical illnesses are thought to be aggravated or caused by service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not handle this for the client, then you must complete it on your own. This form is used by the VA to inform them that you do not agree with their decision, and would like a more thorough review of your case.

There are two routes to a higher-level review that you should take into consideration. One is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will perform a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or confirm it. You could or might not be able to submit new evidence. The other path is to request a hearing before an hondo veterans disability law firm Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best lane for your appeal, so it's crucial to discuss these with your attorney who is accredited by the VA. They'll have experience and know the best option for your situation. They also understand the challenges that disabled veterans face, which can make them a stronger advocate for you.

Time Limits

If you have a disability that was acquired or worsened during your military service, you can file a claim to receive compensation. You'll have to be patient as the VA reviews and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before receiving an answer.

Many factors affect the time it takes for VA to make a decision on your claim. The amount of evidence that you submit will play a significant role in the speed at which your application is reviewed. The location of the field office handling your claim will also affect how long it takes for the VA to review your claims.

The frequency you check in with the VA to see the status of your claim could affect the time it takes to complete the process. You can help accelerate the process by submitting your evidence promptly and being specific in your address information for the medical facilities you use, and sending any requested information as soon as it is available.

You can request a higher level review if it is your opinion that the decision based on your disability was not correct. This involves submitting all evidence in your case to a senior reviewer who can determine if there was an error in the initial decision. The review doesn't include any new evidence.