9 Lessons Your Parents Teach You About Veterans Disability Lawyer

How to File a veterans disability attorney Disability Claim

A veteran’s disability claim is an important component of his or her benefit application. Many veterans earn tax-free earnings when their claims are accepted.

It’s no secret that VA is way behind in the process of processing disability claims made by veterans disability lawyer. The process can take months or even years.

Aggravation

Veterans could be entitled to disability compensation if their condition was caused by their military service. This type of claim may be physical or mental. A qualified VA lawyer can help the former service member to file an aggravated disability claim. The claimant must prove either through medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to a physician’s declaration the veteran will also be required to provide medical records and lay declarations from family members or friends who can confirm the severity of their pre-service conditions.

It is vital to remember in a claim for a disability benefit for veterans disability lawyer that the aggravated condition must be different from the original disability rating. A disability attorney can advise an ex-servicemember on how to provide sufficient 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 had it not been for the aggravating factor.

In order to address 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 used in these regulations has caused confusion and disagreement during the process of claiming. Particularly, the inconsistent use of terms like «increase in disability» and «any increase in severity» has been the cause of disputes and confusion.

Service-Connected Terms

To qualify for benefits, veterans must prove their health or disability was caused by service. This is known as proving «service connection.» For some ailments, like ischemic heart disease, or other cardiovascular diseases that arise as a result of specific services-connected amputations is granted automatically. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or people who knew them in the military to prove their condition to a specific incident that occurred during their time in service.

A preexisting medical problem could be a result of service when it was made worse through active duty and not through natural progression of the disease. The best method to demonstrate this is to provide the opinion of a doctor that the ailment was due to service, and not the normal progression of the disease.

Certain ailments and injuries can be believed to be caused or aggravated by service. They are known as «presumptive diseases.» This includes exposure to Agent Orange in Vietnam and Korea veterans and Veterans Disability Lawyer radiation exposure among Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical diseases are thought to be aggravated or caused by service. These include AL amyloidosis, chloracne, other acneform diseases Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will file this on your behalf however if not, you are able to file it yourself. This form is used by the VA to let them know that you do not agree with their decision and you would like a higher-level review of your case.

There are two ways to get an upscale review and both of them are options you must carefully consider. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either reverse or confirm the earlier decision. It is possible that you will be able not to submit new proof. You may also request an appointment with an 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’ll have expertise in this area and will know what makes sense for your particular situation. They are also familiar with the challenges faced by disabled veterans and can be more effective advocates for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during military service, you can file a claim to receive compensation. But you’ll have to be patient when it comes to the VA’s process for taking a look at and deciding on your application. You may need to wait up to 180 calendar days after filing your claim before you get a decision.

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

Another factor that can affect the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the progress of your claim. You can help speed up the process by providing evidence whenever you can and by providing specific address details for the medical care facilities you utilize, and providing any requested information as soon as it’s available.

If you think there was a mistake in the decision regarding your disability, then you can request a more thorough review. This requires you to submit all existing facts in your case to an experienced reviewer who will determine whether there was an error in the initial decision. However, this review is not able to include new evidence.