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How to File a veterans disability attorney Disability Claim

The claim of a disabled veteran is a key part of submitting an application for benefits. Many Veterans disability lawyer are eligible for tax-free income when their claims are approved.

It's not secret that VA is behind in the process of processing claims for disability by veterans. The process can take months or even years.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated due to their military service. This kind of claim can be mental or physical. A VA lawyer who is certified can assist a former military member submit an aggravated disabilities claim. A claimant has to prove via medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion proving the severity of the pre-service condition. In addition to the doctor's opinion, the veteran will also have to submit medical records and lay statements from friends or family members who can attest to the extent of their pre-service injuries.

It is important to note in a veterans disability claim that the condition being aggravated has to differ from the original disability rating. A disability lawyer can guide a former servicemember on how to provide sufficient medical evidence and testimony to establish that their condition was not only caused by military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has led to confusion and debate in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

For a veteran to qualify for benefits, they must demonstrate that their condition or illness is linked to service. This is known as showing "service connection." Service connection is granted automatically for certain conditions, veterans disability lawyer like Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations linked to service. For other conditions, such as PTSD veterans have to present lay evidence or testimony from people who were close to them in the military, to link their condition with a specific incident that occurred during their time of service.

A pre-existing medical issue can be service-related in the case that it was aggravated by active duty and not due to the natural progression of disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was due to service, and not the natural progress of the disease.

Certain ailments and injuries can be believed to be caused or aggravated due to service. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as numerous Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or worsened 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. Click here for more details about these probable diseases.

Appeal

The VA has a procedure for appeals to appeal their decision on whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not do this for you, then you can do it yourself. This form is used to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options for a more thorough review. Both should be considered carefully. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform a de novo (no review of previous decisions) review and either overturn the previous decision or affirm the decision. You could or might not be able submit new evidence. The other option is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They're experienced and know the best option for your situation. They are also familiar with the difficulties that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during your military service, you can file a claim and receive compensation. It is important to be patient while the VA examines and decides on your claim. You may need to wait up to 180 calendar days after submitting your claim to receive an answer.

There are a variety of factors that can affect how long the VA is able to make an assessment of your claim. How quickly your application will be reviewed is largely determined by the quantity of evidence you provide. The location of the VA field office who will review your claim could also impact the length of time it takes.

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

If you believe that there was an error in the decision made regarding your disability, you are able to request a more thorough review. You will need to submit all the details of your case to a knowledgeable reviewer who will determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.