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How to File a veterans disability lawyer Disability Claim

The claim of a disabled veteran is a key component of the application process for benefits. Many veterans who have their claims approved receive additional income each month that is tax free.

It's no secret that the VA is a long way behind in the process of processing disability claims made by 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 a condition worsened due to their military service. This type of claim is called an aggravated disability. It can be mental or physical. A VA lawyer who is competent can assist an ex-military personnel submit an aggravated disabilities claim. A claimant has to prove, with medical evidence or independent opinions that their pre-service medical condition was aggravated due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor's report, the veteran must also submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

In a veterans disability claim it is crucial to remember that the condition that is aggravated must differ from the original disability rating. An attorney for disability can guide an ex-servicemember on how to provide the proper medical evidence and evidence to show that their original health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue, VA is proposing to realign the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and controversy during the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Conditions Associated with Service

To qualify a veteran for benefits, they must prove that their disability or illness is related to service. This is known as "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that develop due to specific service-connected amputations, service connection is granted automatically. For other conditions, like PTSD the veterans must present documents or evidence from those who knew them during the military, to connect their condition to an specific incident that occurred during their time of service.

A preexisting medical condition may also be service-related if it was aggravated by active duty and not by natural progress of the disease. The best way to prove this is to present an opinion from a doctor that states that the aggravation was due to service and not just the normal progress of the condition.

Certain ailments and injuries can be thought to be caused or aggravated by service. They are known as "presumptive diseases." 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 tropical illnesses are believed to have been caused or caused by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here for more details about these probable diseases.

Appeal

The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf but if not, you are able to file it yourself. This form allows you to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two options for a more thorough review and both of them are options you should take into consideration. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo review (no deference given to the decision made previously) and then either reverse or affirm the decision made earlier. You may be able or not be required to present new evidence. Another option is to request an interview before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the most effective route for your appeal, so it's important to discuss these with your VA-accredited attorney. They will have experience in this area and will know what makes sense for your specific case. They are also well-versed in the difficulties that disabled veterans face which makes them an ideal advocate for you.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened as a result of serving in the military. You'll need to be patient as the VA reviews and decides on your application. You may have to wait up to 180 calendar days after filing your claim to receive a decision.

Numerous factors can affect how long it takes the VA to consider your claim. The amount of evidence that you submit is a significant factor in the speed at which your application is evaluated. The location of the VA field office who will review your claim could also impact the length of time it takes.

The frequency you check in with the VA to check the status of your claim can affect the time it takes to process. You can help accelerate the process by submitting proof as soon as possible and by providing specific address details for the medical facilities you use, and submitting any requested information as soon as it is available.

You could request a higher-level review if you feel that the decision based on your disability was incorrect. This involves submitting all the evidence in your case to an expert reviewer who can determine whether there was an error in the original decision. But, this review will not include any new evidence.