5 Killer Quora Answers To Veterans Disability Lawyer

How to File a Veterans Disability Claim

The claim of a disabled veteran is a key part of submitting an application for benefits. Many veterans who have their claims approved receive a monthly income which is tax-free.

It's not a secret that VA is behind in processing veteran disability claims. A decision can take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim could be physical or mental. A VA lawyer who is qualified can assist an ex-military person file an aggravated disabilities claim. A claimant has to prove through medical evidence or independent opinions that their medical condition prior to service was made worse by active duty.

Typically the best way to demonstrate that a pre-service condition was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the disability of veterans disability law firm. In addition to a doctor's report the veteran will be required to provide medical records and lay assertions from family or friends who can attest to the severity of their pre-service condition.

It is vital to remember in a veterans disability claim that the aggravated condition must be different from the initial disability rating. An attorney for disability can guide an ex-servicemember on how to provide the proper medical evidence and proof 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 proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy during the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Conditions of Service

In order for a veteran to be eligible for benefits, they must show that their condition or illness is connected to service. This is called showing "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular diseases that arise due to specific amputations that are connected to service. Veterans suffering from other conditions like PTSD, must provide lay testimony or lay evidence from those who knew them during their time in service to connect their condition with a specific incident that occurred during their military service.

A pre-existing medical condition can be a result of service in the case that it was aggravated by active duty and not just the natural progression of disease. The best method to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service and not just the normal progression of the disease.

Certain illnesses and injuries are presumed to have been caused or worsened by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, Vimeo.Com as well as numerous Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or aggravated from service. These are AL amyloidosis, chloracne, other acneform diseases and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a process to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. The VA-accredited attorney you have chosen will complete this for you 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'd like a higher-level analysis of your case.

You have two options for higher-level review. Both options should be carefully considered. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either overturn or affirm the earlier decision. You could be able or wiki.sploder.us.to not required to submit a new proof. The other path is to request an appointment with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these issues with your lawyer who is accredited by the VA. They're experienced in this area and will know the best option for your particular case. They are also aware of the difficulties that disabled veterans disability attorney face which makes them an effective advocate on your behalf.

Time Limits

You may be eligible for compensation if you have an impairment that you acquired or worsened while serving in the military. However, you'll need to be patient when it comes to the VA's process for reviewing and deciding on your application. You could have to wait up to 180 calendar days after filing your claim before you get a decision.

Many factors influence the time it takes for VA to make a decision on your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you have submitted. The location of the VA field office which will be evaluating your claim can also influence the length of time it takes.

How often you check in with the VA to check the status of your claim can also affect the time it takes to finish the process. You can speed up the claim process by sending all documentation as quickly as you can, and providing specific information regarding the medical center you use, and providing any requested information.

If you think there has been an error in the decision on your disability, you are able to request a more thorough review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.