9 . What Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The veteran's claim for disability is a crucial part of the application for benefits. Many veterans receive tax-free income when their claims are approved.

It's not secret that VA is behind in the processing of claims for disability from veterans disability attorney. It can take months, even years, for a decision to be made.

Aggravation

veterans Disability lawyer may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim could be mental or physical. A skilled VA lawyer can help the former soldier make an aggravated disability claim. A claimant has to prove via medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

Typically the best way to prove that a pre-service issue was aggravated is through an independent medical opinion from an expert in the disabled veteran. In addition to the doctor's statement the veteran must also submit medical records and statements from family members or friends who attest to their pre-service condition.

When a claim for disability benefits from veterans it is important to remember that the aggravated condition has to be distinct from the initial disability rating. An attorney who is a disability attorney can help the former service member on how to present sufficient medical evidence and testimony to establish that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversy during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

In order for a veteran to be eligible for benefits, they must show that their condition or illness is linked to service. This is known as "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that develop due to specific services-connected amputations is automatically granted. For other conditions, such as PTSD veterans have to present witnesses or lay evidence from those who knew them during the military, to connect their condition to a specific incident that took place during their time of service.

A preexisting medical issue could be a result of service in the case that it was aggravated by their active duty service and not through natural progression of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, not just the natural progression of the disease.

Certain injuries and illnesses can be thought to be caused or aggravated because of treatment. They are known as "presumptive diseases." 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 believed to have been caused or caused by military service. These are AL amyloidosis and chloracne as well as other acne-related diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, you are able to do it on your own. This form is used to tell the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options available for a more thorough review. Both should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference to the previous decision) and then either reverse or affirm the earlier decision. You could or might not be able to present new evidence. You may also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors that go into choosing the best route for your appeal, and it's essential to discuss these issues with your attorney who is accredited by the VA. They will have experience and know the best option for your situation. They also understand the challenges that disabled veterans face which makes them a stronger advocate 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 to be patient with the VA's process for review and deciding on the merits of your claim. It could take as long as 180 days after the claim has been filed before you get a decision.

Many factors influence how long it takes the VA to decide on your claim. The amount of evidence that you submit will play a significant role in how quickly your application is evaluated. The location of the field office responsible for your claim will also impact how long it takes for the VA to review your claim.

Another factor that can impact the length of time it takes your claim to be processed is how often you contact the VA to check on its progress. You can help speed up the process by submitting evidence as soon as you can and being specific in your address information for the medical care facilities you use, and sending any requested information immediately when it becomes available.

If you think there has been an error in the decision made regarding your disability, then you can request a more thorough review. This involves submitting all existing facts in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.