How to File a veterans disability lawyers Disability Claim

The claim of a veteran for disability is an important part of the application for benefits. Many veterans who have their claims approved receive an additional monthly income that is tax free.

It's not a secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.

Aggravation

A veteran may be able to receive disability compensation for a condition that was made worse by their military service. This type of claim is known as an aggravated disability. It can be either mental or physical. A licensed VA lawyer can assist former service members file an aggravated disability claim. The claimant must demonstrate, with medical evidence or independent opinions, that their pre-service medical condition was made worse due to active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is to obtain an independent medical opinion from a physician who specializes in the condition of the veteran. In addition to a doctor's statement the veteran will be required to provide medical records and lay declarations from friends or family members who can attest to the extent of their pre-service injuries.

When a claim for disability benefits from veterans it is important to remember that the condition that is aggravated must differ from the original disability rating. An attorney for disability can guide the former soldier on how to provide the proper medical evidence and testimony to establish that their condition was not just aggravated by 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 within its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and disagreement during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

To be eligible for benefits the veteran must prove that his or her health or disability was caused by service. This is called showing "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and Veterans Disability Law Firms other cardiovascular diseases that arise as a result specific amputations that are connected to service. Veterans suffering from other conditions like PTSD and PTSD, are required to provide the evidence of lay witnesses or from people who were close to them during their service to link their condition to an specific event that occurred during their military service.

A preexisting medical condition may be service-related when it was made worse through active duty and not by natural progress of the disease. It is advisable to provide an official report from a doctor that explains that the aggravation of the condition was caused by service, and not the natural development of the disease.

Certain ailments and injuries are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are also presumed to have been caused or worsened by military service. These are AL amyloidosis, chloracne or other acne-related diseases and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer is certified by VA and does not handle this for you, then you're able to complete it on your own. This form is used by the VA to let them know that you are not satisfied with their decision, and would like a more thorough review of your case.

There are two options available for a higher level review. Both should be considered carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct an de novo review (no deference given to the previous decision) and then either reverse or confirm the earlier decision. You may or not be able to present new evidence. You may also request a hearing before an Veterans disability Law firms Law judge at the Board of veterans disability law firm' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They will have experience and know the best option for your case. They are also aware of the difficulties faced by disabled veterans which makes them more effective advocates on your behalf.

Time Limits

You can seek compensation if you have a disability that you acquired or worsened during your time in the military. It is important to be patient as the VA evaluates and makes a decision on your application. You may need to wait up to 180 calendar days after filing your claim before receiving a decision.

Many factors influence how long it takes the VA to determine your claim. The amount of evidence you provide will play a significant role in the speed at which your application is reviewed. The location of the VA field office who will review your claim can also impact the length of time it takes.

Another factor that can impact the time it takes for your claim to be processed is how often you contact the VA to check the status of your claim. You can speed up the process by providing evidence promptly, being specific in your address details for the medical facilities you utilize, and providing any requested information as soon as it is available.

If you believe there was an error in the decision on your disability, you may request a higher-level review. This involves submitting all the facts that exist in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.