10 Things That Your Family Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a veteran for disability is a key component of the application process for benefits. Many veterans disability lawyer, click the following article, who have their claims approved receive additional income each month which is tax-free.

It's no secret that VA is way behind in processing disability claims for veterans. The process can take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim may be either mental or physical. A skilled VA lawyer can help the former soldier file an aggravated disability claim. A claimant must demonstrate via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to a physician's declaration the veteran will also have to submit medical records and lay statements from family members or friends who can testify to the severity of their pre-service conditions.

In a veterans disability claim, it is important to be aware that the condition being aggravated has to be distinct from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimonies to prove that their previous condition wasn't only aggravated due to military service but it was worse than it would have been if the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and disagreement during the process of making claims. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Service-Connected Terms

For a veteran to qualify for benefits, they must demonstrate that their disability or illness is connected to service. This is known as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases or any other cardiovascular diseases that develop because of specific amputations that are connected to service. For other conditions, like PTSD veterans are required to provide documents or evidence from people who were close to them in the military, to link their condition with a specific incident that took place during their time in service.

A preexisting medical issue could also be service-related in the event that it was aggravated by their active duty service and not due to the natural progression of the disease. The most effective method 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 injuries and illnesses can be believed to be caused or aggravated by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or triggered by service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a procedure for appeals for appealing their decision on the issue of whether or not to grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may submit this form on your behalf however if not, you may file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two options for an upscale review and both of them are options you should consider carefully. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review of previous decisions) review and either overturn the earlier decision or uphold it. It is possible that you will be able not required to provide new proof. The other path is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these issues with your VA-accredited lawyer. They're experienced in this area and will know the best option for your particular case. They are also familiar with the challenges that disabled veterans face which makes them an effective advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened during military service, you may file a claim to receive compensation. However, you'll need patient when it comes to the process of review and deciding on your claim. You may have to wait up to 180 calendar days after submitting your claim to receive an answer.

Many factors affect how long it takes the VA to decide on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is evaluated. The location of the field office that is responsible for your claim can also influence the time it will take for the VA to review your claim.

Another factor that can impact the time required for your claim to be processed is how often you contact the VA to inquire about its progress. You can speed up the process by sending all documentation as quickly as you can, including specific details about the medical care facility you use, and providing any requested details.

If you believe that there has been an error in the decision on your disability, you can request a higher-level review. You will need to submit all the details of your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. This review does not include any new evidence.