How to File a veterans disability lawyer Disability Claim

The claim of a veteran for disability is a crucial 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 VA is behind in the processing of claims for disability from veterans. The process can take months or even years.

Aggravation

A veteran could be eligible to receive disability compensation for an illness that was worsened by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A skilled VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant has to prove using medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans disability lawsuit. In addition to the doctor's statement the veteran must also provide medical records and the lay statements of family or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is crucial to note that the aggravated condition must be distinct from the initial disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to show that their initial condition wasn't simply aggravated by military service, but it was worse than it would have been if the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Conditions

To be eligible for benefits, they must prove that their condition or illness is connected to service. This is known as "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular disease that develops due to specific service-connected amputations. For other conditions, like PTSD, veterans must provide lay evidence or testimony from those who knew them during the military, to link their condition with a specific incident that occurred during their service.

A pre-existing medical condition can also be service related in the event that it was aggravated due to active duty service and not due to the natural progression of disease. The best method to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not the normal development of the condition.

Certain injuries and illnesses can be attributed to or aggravated because of service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and numerous Gulf War conditions. Certain chronic illnesses and tropical diseases are also presumed to have been caused or worsened by military service. They include AL amyloidosis and chloracne as well as other acne-related diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a process for appealing their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will file this on your behalf, but if they do not, you can do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and want a higher level review of your case.

There are two options for an upscale review one of which you must carefully consider. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo (no consideration is given to previous decisions) review and either reverse the previous decision or affirm the decision. You may or may not be able submit new evidence. Another option is to request an interview with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the most effective route for your appeal, and it's essential to discuss these options with your VA-accredited attorney. They'll have experience and will know the best route for your situation. They are also well-versed in the difficulties faced by disabled veterans and their families, which makes them an effective advocate for you.

Time Limits

If you suffer from a condition that was caused or aggravated during your military service, you could file a claim in order to receive compensation. But you'll have to be patient during the VA's process of considering and deciding about the merits of your claim. It could take up to 180 days after your claim is filed before you get a decision.

Many factors influence how long it takes the VA to make a decision on your claim. How quickly your application will be reviewed is largely determined by the amount of evidence that you submit. The location of the VA field office that will be reviewing your claim can also influence the time it takes to review your claim.

Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check on its progress. You can help accelerate the process by providing evidence as soon as you can, being specific in your address information for the medical facilities you use, and sending any requested information when it becomes available.

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