How to File a veterans Disability Lawyer Disability Claim

The claim of disability for a veteran is a vital part of submitting an application for benefits. Many veterans who have their claims approved receive additional monthly income that is tax free.

It's not a secret that the VA is way behind in processing disability claims for veterans disability law firm. It can take months or Veterans Disability Lawyer even years, for a final decision to be made.

Aggravation

A veteran might be able get disability compensation in the event of a condition worsened by their military service. This type of claim can be mental or physical. A VA lawyer who is qualified can assist an ex-military personnel file an aggravated disabilities claim. A claimant needs to prove by proving medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

Typically, the best way to demonstrate that a pre-service condition was aggravated is through an independent medical opinion from an expert in the condition of the veteran. In addition to the doctor's report, the veteran is required to submit medical records and statements from relatives or friends who can attest to their pre-service condition.

In a claim for a disability benefit for veterans it is essential to remember that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony to prove that their original condition wasn't just aggravated by military service, but that it was more severe than what it would have been had the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy during the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions that are associated with Service

To qualify for benefits, veterans must prove his or her disability or illness was caused by service. This is known as proving "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular conditions that develop due to specific amputations that are connected to service. For other conditions, such as PTSD veterans are required to provide witnesses or lay evidence from those who knew them during the military, in order to connect their condition to an specific incident that occurred during their service.

A pre-existing medical condition can be a result of service in the case that it was aggravated due to active duty service and not as a natural progression of disease. The best way 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 disease.

Certain injuries and illnesses are believed to be caused or aggravated by the service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyers and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are suspected to have been caused or aggravated from service. These are AL amyloidosis and chloracne as well as other acneform diseases and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer will not handle this for you, you are able to complete it on your own. This form is used by the VA to let them know that you disagree with their decision, and would like a more thorough review of your case.

There are two options for a higher level review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will perform an in-person (no consideration is given to prior decisions) review and either reverse the earlier decision or uphold it. You could or might not be allowed to submit new evidence. You may also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, veterans disability Lawyer Washington D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They'll have experience in this field and know what makes the most sense for your specific case. They also know the issues faced by disabled veterans, which can make them more effective advocates on your behalf.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened during your time in the military. It is important to be patient as the VA examines and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before you get an answer.

There are many variables that affect the time the VA is able to make a decision on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence you provide. The location of the field office handling your claim also influences how long it takes for the VA to review your claims.

Another factor that can affect the time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can speed up the process by providing all evidence as fast as you can, and providing specific information about the medical facility you use, and sending any requested information.

If you think there has been a mistake in the determination of your disability, then you can request a more thorough review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine if there was an error in the initial decision. This review does not contain any new evidence.