9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial part of the application for benefits. Many ingleside veterans disability lawsuit earn tax-free earnings after their claims are approved.

It's not a secret that the VA is way behind in processing disability claims made by veterans. The process can take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim may be physical or mental. A qualified VA lawyer can help a former servicemember to file an aggravated disability claim. The claimant must demonstrate using medical evidence or independent opinions, that their medical condition prior to service was made worse due to active duty.

Typically, the most effective way to prove that a pre-service issue was aggravated is to get an independent medical opinion by an expert in the condition of the veteran. In addition to the doctor's statement the veteran must also submit medical records and statements from relatives or friends who attest to their pre-service condition.

When a claim for disability benefits from veterans it is crucial to note that the aggravated condition must be distinct from the initial disability rating. A disability attorney can advise an ex-servicemember on how they can provide enough medical evidence and evidence to show that their original condition was not only aggravated through military service, but actually worse than it would have been without the aggravating factor.

In addressing this issue, VA proposes to re-align 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 controversy regarding the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits, veterans must show that his or her health or disability was caused by service. This is known as "service connection." For some ailments, like Ischemic heart disease and other cardiovascular diseases that manifest due to specific services-connected amputations is granted automatically. For other conditions, such as PTSD veterans are required to provide documents or evidence from those who knew them during the military, to connect their condition with a specific incident that occurred during their service.

A preexisting medical condition could also be service-connected in the event that it was aggravated by their active duty service and not caused by the natural progress of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was due to service, not just the natural development of the disease.

Certain illnesses and injuries are presumed to have been caused or aggravated by the service. These are called "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 diseases and Porter Veterans Disability Attorney tropical illnesses are believed to have been caused or caused 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 about these presumptive diseases.

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf but if not, you can file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and want a higher level review of your case.

There are two options for a higher level review. Both options should be carefully considered. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either overturn or affirm the decision made earlier. You may or not be allowed to submit new evidence. You can also request an appearance before an seven hills Veterans Disability lawyer Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss all of these factors with your VA-accredited attorney. They will have experience in this area and will know the best option for your particular case. They are also aware of the challenges faced by disabled veterans, which can make them an effective advocate for you.

Time Limits

You can seek compensation if you suffer from an illness that you developed or worsened while serving in the military. You'll have to be patient while the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after filing your claim before you receive an answer.

There are a variety of factors that affect the time the VA will take to make an assessment of your claim. The amount of evidence submitted is a significant factor in how quickly your application is evaluated. The location of the VA field office who will review your claim can also influence the length of time it takes.

How often you check in with the VA regarding the status of your claim could influence the time it takes to process. You can speed up the process by submitting evidence as soon as you can, being specific in your information regarding the addresses of the medical facilities you use, and sending any requested information as soon as it is available.

If you believe there has been a mistake in the decision made regarding your disability, you can request a more thorough review. You will need to submit all of the facts about your case to a knowledgeable reviewer, who will determine whether there an error in the initial decision. This review doesn't contain any new evidence.