11 Strategies To Refresh Your Veterans Disability Lawyer

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 get tax-free income after their claims are approved.

It's not a secret that VA is behind in processing disability claims of veterans. It could take months, even years, for a decision to be made.

Aggravation

A veteran may be able get disability compensation in the event of an illness that was worsened by their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A licensed VA lawyer can assist former service members to file an aggravated disability claim. A claimant has to prove, with medical evidence or an independent opinion, that their medical condition prior to service was aggravated through active duty.

Typically the best way to demonstrate that a pre-service issue was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion, the veteran must also submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

In a claim for a disability benefit for veterans disability law Firms it is important to be aware that the aggravated condition has to be distinct from the original disability rating. An attorney who is a disability attorney can help the former service member on how they can provide enough medical evidence and veterans disability law Firms proof that their condition was not only caused through military service, but was 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 in these regulations has caused confusion and disagreement during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To qualify a veteran for benefits, they must demonstrate that their illness or disability is related to service. This is known as "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that develop as a result of Amputations that are connected to service, the service connection is granted automatically. veterans disability lawsuits with other conditions such as PTSD need to provide lay testimony or evidence from those who knew them during their time in the military to connect their condition to an specific incident that occurred during their military service.

A preexisting medical condition could also be service-connected in the case that it was aggravated by their active duty service and not through natural progress of the disease. The best method to establish this is by submitting the opinion of a doctor that the ailment was due to service and not the normal progression of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated by service. They are known as "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and other Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been caused or aggravated from service. These are AL amyloidosis, chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your lawyer who is accredited by the VA does not complete this task for you, then you can do it on your own. This form allows you to inform the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

There are two options for a more thorough review one of which you should carefully consider. One is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either reverse the previous decision or affirm the decision. You may be able or not to submit new proof. The other option is to request an interview before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most appropriate route for your appeal, so it's important to discuss these options with your VA-accredited attorney. They have experience and know the best option for your case. They are also aware of the difficulties that disabled veterans face which makes them an effective advocate on your behalf.

Time Limits

If you suffer from a disability that was caused or aggravated during military service, you can file a claim to receive compensation. You'll need to wait as the VA examines and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before you get an answer.

Many factors affect the time it takes for the VA to determine your claim. The amount of evidence you submit will play a major role in the speed at which your claim is considered. The location of the field office handling your claim will also affect the time it takes for the VA to review your claim.

The frequency you check in with the VA on the status of your claim could affect the length of time it takes to complete the process. You can accelerate the process by submitting your evidence whenever you can and by providing specific address details for the medical care facilities that you utilize, and providing any requested information as soon as it is available.

If you believe there has been a mistake in the decision on your disability, then you can request a higher-level review. You will need to submit all the facts regarding your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. But, this review will not include any new evidence.