10 Meetups About Veterans Disability Lawyer You Should Attend

How to File a Veterans Disability Claim

The claim of a veteran for disability is a vital component of the application process for benefits. Many veterans who have their claims accepted receive a monthly income that is tax free.

It's not a secret that VA is behind in the processing of claims for Veterans Disability law firms disability from veterans. The process can take months or even years.

Aggravation

A veteran might be able to claim disability compensation for an illness that was worsened due to their military service. This type of claim is known as an aggravated disability and can be either physical or mental. A competent VA lawyer can help former service members to file an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to the doctor's statement the veteran must also provide medical records and statements from family members or friends who can attest to their pre-service condition.

It is crucial to remember in a veterans disability claim that the aggravated conditions must be different from the original disability rating. A disability attorney can advise the former soldier on how to provide sufficient medical evidence and proof that their condition was not only aggravated by military service, but was 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 led to confusion and debate in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Conditions Associated with Service

To be eligible for benefits, the veteran must prove that the impairment or illness was caused by service. This is referred to as proving "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases or any other cardiovascular diseases that develop due to specific amputations connected to service. Veterans with other conditions like PTSD need to provide the evidence of lay witnesses or from those who knew them during their time in the military to connect their condition with a specific event that occurred during their time in the military.

A preexisting medical condition could also be service-related if it was aggravated through active duty and not by natural progression of the disease. The best way to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service, and not the normal progression of the disease.

Certain ailments and injuries can be believed to be caused or aggravated because of service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also thought to be aggravated or triggered by service. These are AL amyloidosis or chloracne, other acne-related disorders such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a procedure for appealing their decision to grant or veterans disability law firms deny benefits. The first step is filing a Notice of Disagreement. If your lawyer who is accredited by the VA does not handle this for you, then you're able to complete the process on your own. This form is used to notify the VA you disagree with their decision and you would like a more thorough review of your case.

There are two options to request an additional level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not to submit new proof. You may also request a hearing before a veterans disability law firms (continue reading this) Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the most effective route for your appeal, so it's essential to discuss these with your attorney who is accredited by the VA. They'll have experience and will know the best route for your case. They also know the issues faced by disabled veterans and can help them become more effective advocates on your behalf.

Time Limits

If you suffer from a disability that was caused or aggravated in the military, you can file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your claim. It could take as long as 180 days after your claim is submitted before you get a decision.

There are a variety of factors that can affect how long the VA takes to make an decision on your claim. The amount of evidence you submit will play a significant role in how quickly your claim is evaluated. The location of the field office handling your claim will also affect how long it will take for the VA to review your claims.

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

If you believe that there was an error in the determination of your disability, you may request a higher-level review. This involves submitting all the existing facts in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review can't contain new evidence.