9 Things Your Parents Taught You About Veterans Disability Lawyer

How to File a veterans disability lawsuit Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans get tax-free income when their claims are accepted.

It's no secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.

Aggravation

A veteran could be eligible to claim disability compensation for the condition that was worsened due to their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A competent VA lawyer can assist the former service member submit an aggravated claim. A claimant needs to prove either through medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically the best way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion by an expert in the veteran's disability. In addition to the doctor's statement the veteran is required to submit medical records and the lay statements of family or friends who attest to their pre-service condition.

It is crucial to remember in a veterans disability lawyer disability claim that the aggravated conditions must differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't merely aggravated due to military service however, it was much worse than it would have been if the aggravating factor weren't present.

In order to address this issue, VA proposes to re-align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and controversy during the process of filing claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions of Service

To qualify for benefits, the veteran must prove that their disability or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop because of specific amputations connected to service. Veterans suffering from other conditions like PTSD and PTSD, are required to provide witness testimony or lay evidence from people who were close to them during their time in the military to connect their condition with a specific event that occurred during their time in the military.

A pre-existing medical condition could be a result of service in the case that it was aggravated due to active duty service and not just the natural progression of disease. It is best to provide an explanation from a doctor that the aggravation of the condition was caused by service, not just the natural progression of the disease.

Certain illnesses and injuries may be presumed to be caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a procedure for appeals to appeal their decision as to whether or not they will grant benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not complete this task for you, then you're able to complete it on your own. This form is used to notify the VA you disagree with their decision and you want a higher-level review of your case.

There are two paths to an upper-level review, both of which you should consider carefully. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo review (no deference to the decision made previously) and either reverse or confirm the earlier decision. You may or may not be able to submit new evidence. You can also request an appearance before an veterans disability lawsuits Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the most appropriate route for your appeal, and it is important to discuss these options with your attorney who is accredited by the VA. They have experience and will know the best route for your case. They also know the issues faced by disabled veterans and can be an effective advocate on your behalf.

Time Limits

If you suffer from a condition which was created or worsened in the military, you can file a claim and receive compensation. However, you'll need to be patient with the VA's process of considering and deciding about your application. It may take up to 180 days after your claim is filed before you receive a decision.

Many factors affect the time it takes for VA to make a decision on your claim. The amount of evidence you submit will play a major role in the speed at which your claim is considered. The location of the VA field office which will be evaluating your claim can also impact the length of time it takes.

How often you check in with the VA on the status of your claim can affect the length of time it takes to process your claim. You can accelerate the process by submitting proof promptly by being specific with your details regarding the address of the medical care facilities you use, and submitting any requested information when it becomes available.

You can request a more thorough review if it is your opinion that the decision made on your disability was incorrect. You must submit all of the facts about your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. But, this review will not include any new evidence.