How to File a Veterans disability Lawyer Disability Claim

The claim of a disabled veteran is a vital element of the application for benefits. Many veterans disability lawyer receive tax-free income after their claims are approved.

It's no secret that the VA is a long way behind in the process of processing disability claims from veterans. It can take months, even years, for a final decision to be made.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim can be physical or mental. A licensed VA lawyer can assist the former service member submit an aggravated claim. The claimant must demonstrate through medical evidence or independent opinions, that their medical condition prior to service was aggravated by active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion proving the severity of the pre-service condition. In addition to the doctor's report, the veteran should also submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

When a claim for disability benefits from veterans, it is important to be aware that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and witness to prove that their original condition wasn't simply aggravated by military service, however, it was much worse than what it would have been had the aggravating factor had not been present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversies during the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and uncertainty.

Service-Connected Terms

To be eligible for benefits, they must demonstrate that their disability or illness is related to service. This is known as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops as a result specific amputations connected to service. For other conditions, like PTSD, veterans must provide the evidence of laypeople or people who were their friends in the military, to connect their illness to a specific incident that occurred during their time in service.

A pre-existing medical condition can be a service-related issue when it was made worse by active duty and not just the natural progression of disease. It is advisable 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 believed to be caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or caused by service. They include AL amyloidosis and chloracne as well as other acne-related conditions, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. If your lawyer who is accredited by the VA does not handle this for you, you are able to do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two options to request an additional level review. Both should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to previous decisions) review and either reverse the previous decision or affirm it. You may or not be allowed to submit new evidence. The other path is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the best route for your appeal, and it's crucial to discuss these issues with your attorney who is accredited by the VA. They're experienced and know what's best for your case. They are also familiar with the difficulties faced by disabled veterans and their families, which makes them more effective advocates for you.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened while serving in the military. However, you'll need patient when it comes to the VA's process of reviewing and deciding on the merits of your claim. You could have to wait up to 180 calendar days after submitting your claim before receiving a decision.

There are many variables that affect the time the VA is able to make an informed decision on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence you provide. The location of the field office that is responsible for your claim will also affect the time it takes for the VA to review your claim.

How often you check in with the VA to see the status of your claim could influence the time it takes to complete the process. You can help speed up the process by submitting proof whenever you can by being specific with your address details for the medical facilities you use, and sending any requested information immediately when it becomes available.

You can request a higher level review if you believe that the decision made on your disability was unjust. You will need to submit all the facts of your case to a knowledgeable reviewer, who will determine whether there an error in the original decision. This review does not include any new evidence.