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How to File a Veterans Disability Lawyer Disability Claim

The claim of a disabled veteran is a vital part of the application for benefits. Many veterans who have their claims accepted receive additional monthly income which is tax-free.

It's no secret that the VA is way behind in processing disability claims from veterans. The decision could take months or even years.

Aggravation

A veteran may be able to receive compensation for disability due to a condition caused by their military service. This type of claim is called an aggravated disability and can be either physical or mental. A VA lawyer who is qualified can assist a former military member file an aggravated disabilities claim. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior to service was made worse by active duty.

Typically, the best way to demonstrate that a condition prior to service was aggravated is to get an independent medical opinion by an expert in the condition of the veteran. In addition to the doctor's opinion in addition, the veteran will require medical records and lay statements from family members or friends who can attest to the severity of their pre-service conditions.

It is important to note in a veterans disability claim that the aggravated condition must be different from the initial disability rating. An attorney for disability can guide a former servicemember on how to present sufficient medical evidence and testimony to establish that their condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversies in the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

To be eligible for benefits veterans must prove the disability or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases and other cardiovascular diseases that develop as a result specific service-connected amputations. For other conditions, such as PTSD the veterans disability lawsuits must present documents or evidence from people who were their friends in the military, to connect their illness to a specific incident that occurred during their time in service.

A preexisting medical condition could be a result of service if it was aggravated through active duty and not by natural progression of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was caused by service, and not the natural progress of the disease.

Certain injuries and illnesses are believed to have been caused or aggravated by service. These are called "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical illnesses are also thought to be aggravated or caused by service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to award or Veterans disability lawyer deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney will likely submit this form on your behalf but if not, you can do it yourself. This form allows you to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options to request higher-level review. Both options should be carefully considered. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no review of previous decisions) review and either reverse the earlier decision or maintain the decision. You could or might not be able submit new evidence. The other option is to request an appointment before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best route for your appeal, and it is important to discuss these options with your attorney who is accredited by the VA. They're experienced and will know the best route for your case. They are also aware of the difficulties that disabled veterans face and their families, which makes them a better advocate for you.

Time Limits

You may be eligible for compensation if you have a disability that you acquired or worsened in the course of serving in the military. You'll have to be patient as the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after submitting your claim before you get an answer.

Many factors affect how long it takes the VA to consider your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you submit. The location of the field office responsible for your claim will also affect how long it takes for the VA to review your claims.

Another aspect that could affect the time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can accelerate the process by submitting evidence as soon as possible and veterans Disability Lawyer being specific in your information regarding the addresses of the medical care facilities you use, and sending any requested information as soon as it's available.

If you think there was a mistake in the decision made regarding your disability, you can request a more thorough review. This requires you to submit all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review does not include any new evidence.