One Of The Most Untrue Advices We've Ever Heard About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax free.

It's no secret that VA is behind in processing veteran disability claims. A decision can take months or even years.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This type of claim is known as an aggravated disability and can be either physical or mental. A skilled VA lawyer can help the former soldier to file an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the condition prior to service. In addition to a doctor's report, the veteran will also have to submit medical records and lay declarations from friends or family members who can testify to the severity of their pre-service condition.

It is essential to note in a claim for a disability benefit for veterans disability law firms that the aggravated condition must be different from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimonies to establish that their original condition wasn't only aggravated due to 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 differences in the language of these provisions has led to confusion and debate in the claims process. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they have to prove that their illness or disability is connected to service. This is known as "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases and other cardiovascular diseases that develop as a result specific service-connected amputations. Veterans suffering from other ailments like PTSD need to provide lay testimony or lay evidence from those who were their friends during their time in service to connect their condition to a specific incident that occurred during their time in the military.

A pre-existing medical issue can also be service related in the event that it was aggravated by active duty, and not the natural progression of disease. The most effective way to demonstrate this is to provide an opinion from a doctor that states that the ailment was due to service, and not the normal progress of the condition.

Certain injuries and illnesses can be believed to be caused or aggravated due to service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or caused by service. They include AL amyloidosis, chloracne or other acne-related diseases and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. If your lawyer is certified by VA and veterans disability Law Firms does not complete this task for you, then you're able to do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and want a higher level review of your case.

There are two ways to get a higher-level review, both of which you should carefully consider. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either overturn the earlier decision or maintain the decision. You may be required or not to submit new proof. The other path is to request a hearing with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these aspects with your VA-accredited attorney. They will have experience in this area and will know what makes sense for your specific case. They are also aware of the difficulties faced by disabled veterans disability Law firms which makes them an effective advocate for you.

Time Limits

You can claim compensation if you have an impairment that you acquired or worsened while serving in the military. But you'll need to be patient during the process of taking a look at and deciding on the merits of your claim. It could take up to 180 days after your claim is filed before you receive an answer.

Numerous factors can affect how long it takes the VA to decide on your claim. The speed at which your application will be considered is mostly determined by the quantity of evidence you provide. The location of the field office that handles your claim can also influence how long it takes for the VA to review your claim.

The frequency you check in with the VA regarding the status of your claim can also affect the time it takes to process your claim. You can help speed up the process by submitting your evidence as soon as you can, being specific in your address information for the medical care facilities that you utilize, and providing any requested information immediately when it becomes available.

You can request a more thorough review if you feel that the decision you were given regarding your disability was wrong. This means that you submit all the evidence in your case to a senior reviewer who can determine whether there was an error in the original decision. This review does not include any new evidence.