Solutions To The Problems Of Veterans Disability Lawyer

How to File a veterans disability lawsuits Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many veterans get tax-free income after their claims are approved.

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

Aggravation

A veteran may be able to receive disability compensation for a condition that was worsened by their military service. This kind of claim can be physical or mental. A VA lawyer who is competent can assist an ex-military person make an aggravated disability claim. The claimant must prove via medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

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

It is crucial to remember in a claim for a disability benefit for veterans that the aggravated conditions must differ from the original disability rating. An attorney for disability can guide an ex-servicemember on how to present sufficient medical evidence and evidence to show that their original 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 realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has created confusion and disagreement during the process of filing claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To be eligible for benefits, veterans Disability law firms must show that their impairment or illness was caused by service. This is referred to as "service connection." For certain diseases, such as Ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD, veterans must provide documents or evidence from those who knew them during the military, to link their condition to an specific incident that occurred during their time in service.

A preexisting medical condition could be service-related if it was aggravated through active duty and not by natural progress of the disease. The most effective method to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service and not just the normal progression of the condition.

Certain ailments and injuries are presumed to have been caused or aggravated by the service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are presumed 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. For more information about these presumptive conditions, visit here.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not complete this task for you, then you're able to complete the process on your own. This form is used by the VA to let them know that you do not agree with their decision and would like a more thorough review of your case.

There are two paths to a more thorough review that you should consider carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either reverse the earlier decision or maintain it. You could or might not be able submit new evidence. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these issues with your lawyer who is accredited by the VA. They will have experience in this field and know what makes sense for your specific case. They also know the challenges faced by disabled veterans disability lawsuit and can be 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. But you'll need to be patient when it comes to the VA's process of taking a look at and deciding on the merits of your claim. It may take up to 180 days after the claim has been filed before you receive a decision.

There are many variables which can impact the length of time the VA is able to make an informed decision on your claim. The speed at which your claim will be considered is mostly determined by the volume of evidence you provide. The location of the field office that is responsible for your claim also influences how long it will take for the VA to review your claims.

The frequency you check in with the VA on the status of your claim could affect the length of time it takes to process your claim. You can help speed up the process by submitting proof as soon as you can and being specific in your details regarding the address of the medical facilities you use, and sending any requested information as soon as it is available.

If you believe that there has been an error in the decision on your disability, you can request a higher-level review. You must submit all the details of your case to an experienced reviewer, who can determine whether there an error in the original decision. But, this review will not contain new evidence.