How to File a veterans disability lawyer Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many Veterans disability law firms who have their claims accepted receive additional income each month that is tax-free.

It's not secret that VA is behind in the processing of claims for disability from veterans. The process 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 may be either mental or physical. A licensed VA lawyer can help a former servicemember make an aggravated disability claim. The claimant must demonstrate using medical evidence or an independent opinion, that their medical condition prior to service was aggravated due to active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to a doctor's report in addition, the veteran will require medical records and lay assertions from friends or family members who can attest to the severity of their pre-service conditions.

It is crucial to remember when submitting a claim for disability benefits for veterans that the aggravated conditions must be different from the original disability rating. A disability attorney can advise an ex-servicemember on how to present sufficient medical evidence and testimony to establish that their health condition was not merely aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and controversy regarding the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits, veterans must show that the cause of their disability or illness was caused by service. This is known as showing "service connection." For certain conditions, like ischemic heart disease, or other cardiovascular diseases that arise because of services-connected amputations is granted automatically. Veterans suffering from other conditions, like PTSD are required to provide the evidence of lay witnesses or from people who were close to them during their service to link their condition with a specific incident that occurred during their military service.

A pre-existing medical condition could also be service related when it was made worse because of active duty and not due to the natural progression of disease. The best way to prove this is to present an opinion from a doctor that states that the ailment was due to service and not the normal development of the condition.

Certain injuries and illnesses may be believed to be caused or aggravated because of service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability law firm and radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. They include AL amyloidosis, Veterans Disability law Firms chloracne or other acne-related diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a system to appeal their decision on whether or not they will grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf however, if not, you can file it yourself. This form is used by the VA to inform them that you disagree with their decision, and would like a more thorough review of your case.

There are two options for an upper-level review, both of which you should consider carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or confirm it. It is possible that you will be able not required to provide new proof. The other path is to request a hearing with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best route for your appeal, and it's important to discuss these issues with your attorney who is accredited by the VA. They'll have experience in this area and will know what makes the most sense for your particular case. They are also well-versed in the difficulties that disabled veterans face which makes them a better advocate for you.

Time Limits

You can apply for compensation if you have a disability that you acquired or worsened while serving in the military. You'll need to be patient as the VA examines and decides on your application. It could take up to 180 calendar days after filing your claim to receive an answer.

Many factors can influence how long it takes the VA to decide on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence you have submitted. The location of the field office that is responsible for your claim will also impact the time it takes for the VA to review your claim.

Another aspect that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the process by making sure to submit all evidence as swiftly as possible, providing specific information regarding the medical facility you use, and providing any requested details.

If you believe that there has been a mistake in the decision on your disability, you are able to request a more thorough review. This involves submitting all existing facts in your case to a senior reviewer who can determine if there was an error in the initial decision. This review doesn't contain any new evidence.