12 Companies Are Leading The Way In Veterans Disability Lawyer

How to File a Veterans Disability Claim

The veteran's claim for disability is a vital element of the application for benefits. Many veterans disability attorney get tax-free income when their claims are granted.

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

Aggravation

Veterans may be entitled to disability compensation if their condition was caused by their military service. This type of claim could be mental or physical. A skilled VA lawyer can help a former servicemember make an aggravated disability claim. A claimant has to prove through medical evidence or an independent opinion, that their medical condition prior to service was made worse due to active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is to get an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to a doctor's statement the veteran will also be required to provide medical records and lay statements from family or friends who can attest to the severity of their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the aggravated conditions must differ from the original disability rating. A disability attorney can advise the former soldier on how to provide the proper medical evidence and evidence to show that their original condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue, VA is proposing to change the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement in the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Conditions of Service

To qualify for benefits, the veteran must prove that the cause of their condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular conditions that develop because of specific service-connected amputations. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who knew them in the military, in order to connect their condition to an specific incident that occurred during their service.

A preexisting medical issue could also be service-related in the case that it was aggravated by active duty and not caused by the natural progress of the disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural progression.

Certain ailments and injuries can be thought to be caused or aggravated by service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans disability attorney and radiation exposure in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are suspected to have been caused or aggravated from service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney will likely complete this for you however if not, you can do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two options for a more thorough review. Both options should be carefully considered. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or maintain the decision. You may be able or not be required to present new evidence. The other option is to request an appointment before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the most effective route for your appeal, so it's important to discuss these with your VA-accredited attorney. They will have experience in this area and will know the best option for your specific case. They are also well-versed in the difficulties that disabled veterans face, which makes them an effective advocate for you.

Time Limits

If you have a disability that was caused or aggravated in the military, you could file a claim in order to receive compensation. But you'll have to be patient with the VA's process of considering and deciding about the merits of your claim. It could take up 180 days after your claim is filed before you are given an answer.

Numerous factors can affect the time it takes for VA to determine your claim. The amount of evidence submitted will play a big role in the speed at which your application is evaluated. The location of the field office handling your claim will also affect how long it will take for the VA to review your claim.

Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check on the progress of your claim. You can speed up the claim process by submitting all evidence as quickly as possible, providing specific details about the medical care facility you use, and providing any requested details.

You can request a more thorough review if you believe the decision based on your disability was wrong. You will need to submit all the details of your case to a knowledgeable reviewer, who can determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.