10 Meetups About Veterans Disability Lawyer You Should Attend

How to File a Veterans Disability Claim

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

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

Aggravation

Veterans may be eligible for disability compensation if their condition was aggravated due to their military service. This kind of claim is known as an aggravated disability. It can be mental or physical. A VA lawyer who is competent can assist an ex-military member make an aggravated disability claim. A claimant needs to prove via medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the doctor's opinion the veteran will also require medical records as well as lay statements from friends or family members who can confirm the seriousness of their pre-service ailments.

It is important to note in a veterans disability law firms disability claim that the aggravated conditions must differ from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and witness to prove that their previous condition wasn't simply aggravated by military service, but it was worse than it would have been if the aggravating factor hadn't been present.

In order to address this issue VA is proposing to realign the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and debate regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Conditions that are associated with Service

To be eligible for benefits, they must demonstrate that their condition or illness is connected to service. This is known as "service connection." For some conditions, like ischemic heart disease or other cardiovascular diseases that arise as a result of services-connected amputations is automatically granted. For other conditions, such as PTSD veterans Disability Law firms are required to provide lay evidence or testimony from people who were their friends in the military, in order to connect their illness to a specific incident that took place during their time in service.

A pre-existing medical problem can be a result of service when it was made worse by active duty and not due to the natural progression of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was due to service and not the natural progress of the disease.

Certain illnesses and injuries are believed to have been caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, veterans Disability Law firms as well as various Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by military service. They include AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a process to appeal their decision on whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not complete this task for you, you are able to complete the process on your own. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.

There are two paths to an upper-level review, both of which you must carefully consider. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct an de novo review (no deference to the earlier decision) and then either reverse or affirm the earlier decision. It is possible that you will be able not to submit new proof. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the best lane for your appeal, so it's essential to discuss these issues with your VA-accredited attorney. They'll have expertise in this field and know what makes the most sense for your particular case. They are also aware of the challenges that disabled veterans face and can help them become more effective advocates for you.

Time Limits

You can claim compensation if you suffer from an impairment that you acquired or worsened in the course of serving in the military. However, you'll need patient with the VA's process for review and deciding on your application. It could take as long as 180 days after your claim is filed before you get an answer.

There are many factors that can affect how long the VA is able to make an decision on your claim. How quickly your application will be evaluated is largely determined by the volume of evidence you submit. The location of the VA field office which will be reviewing your claim can also impact the length of time it takes.

How often you check in with the VA to see the status of your claim could affect the length of time it takes to process. You can speed up the process by providing evidence whenever you can and by providing specific details regarding the address of the medical care facilities you use, and submitting any requested information immediately when it becomes available.

If you think there was an error in the decision on your disability, you may request a higher-level review. This requires you to submit all evidence in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review cannot contain new evidence.