Nine Things That Your Parent Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran’s disability claim is an important component of his or her benefit application. Many veterans earn tax-free earnings after their claims are approved.

It’s not secret that VA is behind in the processing of claims for disability from veterans. A decision can take months or even years.

Aggravation

Veterans could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is called an aggravated disability and can be mental or physical. A VA lawyer who is competent can assist an ex-military personnel to file a claim for aggravated disabilities. The claimant must demonstrate by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.

Typically the best way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert doctor veterans disability who is specialized in the disability of veterans. In addition to the physician’s statement, the veteran is required to submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

In a veterans disability claim, it is important to be aware that the aggravated condition has to be different from the original disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide the proper medical evidence and proof that their original health condition was not merely aggravated by military service, but actually worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to align the two “aggravation” standards contained in its regulations 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and disagreement during the process of making claims. The inconsistent use of terms such as “increased disability” and “any increased severity” are the main cause of litigation.

Conditions Associated with Service

For a veteran to qualify for benefits, they must show that their disability or illness is connected to service. This is known as “service connection.” For certain diseases, such as ischemic heart disease or other cardiovascular diseases that manifest due to specific services-connected amputations is granted automatically. For other conditions, like PTSD, veterans disability law firm must provide documents or evidence from people who knew them in the military to prove their condition to a specific incident that took place during their service.

A pre-existing medical condition can be service-related in the case that it was aggravated because of active duty and not as a natural progression of disease. It is recommended to present a doctor’s report that explains that the deterioration of the condition was caused by service and not the natural progression of the disease.

Certain injuries and illnesses may be believed to be caused or aggravated by treatment. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or caused by military 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. For more information on these presumptive conditions, click here.

Appeals

The VA has a process for appealing their decision on whether or not to grant benefits. The first step is to submit a Notice of Disagreement. If your lawyer is certified by VA and does not complete this task for you, then you can complete it on your own. This form allows you to inform the VA you disagree with their decision and that you’d like to have a more thorough review of your case.

There are two options to request a more thorough review. Both should be considered carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a review de novo (no deference given to the decision made previously) and then either reverse or confirm the earlier decision. You could be able or not required to provide new proof. You can also request a hearing before a Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They will have experience and know what’s best for your situation. They are also aware of the difficulties faced by disabled veterans and can be an effective advocate on your behalf.

Time Limits

You may be eligible for compensation if you suffer from a disability that was acquired or worsened while serving in the military. However, you’ll need patient when it comes to the process of review and deciding on the merits of your claim. It could take up to 180 calendar days after filing your claim before you get an answer.

Many factors influence the time it takes for the VA to consider your claim. How quickly your claim will be considered is mostly determined by the quantity of evidence you submit. The location of the VA field office that will be reviewing your claim can also influence the length of time required to review.

Another aspect that could affect the time it takes your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can. You should also provide specific details about the medical facility you use, and sending any requested details.

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