How To Explain Veterans Disability Lawyer To A Five-Year-Old

How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital element of the application for benefits. Many veterans disability lawsuit who have their claims accepted receive an additional monthly income which is tax-free.

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

Aggravation

A veteran may be able to claim disability compensation for an illness that was made worse by their military service. This type of claim may be mental or physical. A licensed VA lawyer can help the former soldier to file an aggravated disability claim. A claimant must show by proving medical evidence or independent opinions that their medical condition prior to service was aggravated by active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the doctor's opinion the veteran will need to submit medical records and lay assertions from friends or family members who are able to confirm the extent of their pre-service injuries.

It is vital to remember in a veterans disability law firms disability claim that the conditions that are aggravated must be different from the original disability rating. An attorney for disability can guide the former soldier on how to present sufficient medical evidence and evidence to show that their health condition was not merely aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversy during the process of making claims. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Conditions that are associated with Service

To be eligible for benefits, they must show that their disability or illness is linked to service. This is known as proving "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases or any other cardiovascular diseases that develop as a result specific service-connected amputations. Veterans suffering from other ailments, like PTSD and PTSD, are required to provide lay testimony or evidence from those who were their friends during their time in the military to connect their condition to an specific incident that occurred during their military service.

A pre-existing medical condition could be service-related if it was aggravated due to active duty service, and not the natural progression of disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was caused by service and not the natural development of the disease.

Certain ailments and injuries can be thought to be caused or aggravated because of service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic illnesses and tropical diseases are also suspected to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a system to appeal their decision as to whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely 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 do not agree with their decision and would like a more thorough review of your case.

You have two options for higher-level review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review is given to prior decisions) review and either overturn the previous decision or affirm it. You could be able or not be required to present new evidence. You can also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the best route for your appeal, and it's important to discuss these with your VA-accredited attorney. They'll have experience in this area and will know what makes sense for your specific case. They are also aware of the difficulties that disabled veterans disability law firms face which makes them an effective advocate for you.

Time Limits

You may be eligible for compensation if you suffer from an illness that you developed or worsened during your time in the military. But you'll have to be patient during 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 your claim is filed before you receive an answer.

Numerous factors can affect the time it takes for VA to make a decision on your claim. The amount of evidence that you submit will play a major role in the speed at which your claim is evaluated. The location of the VA field office which will be reviewing your claim can also influence the length of time it takes.

Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can speed up the process by providing evidence as soon as you can and by providing specific address information for the medical care facilities you utilize, and providing any requested information when it becomes available.

You may request a higher-level review if you believe the decision based on your disability was not correct. This involves submitting all the existing facts in your case to a senior reviewer who can determine whether there was an error in the initial decision. This review doesn't contain any new evidence.