12 Statistics About Veterans Disability Lawyer To Make You Think Twice About The Cooler Water Cooler

How to File a Veterans Disability Claim

The claim of disability for a veteran is an important part of the application for benefits. Many veterans receive tax-free income when their claims are approved.

It's no secret that the VA is way behind in the process of processing disability claims from veterans disability attorney. A decision can take months or even years.

Aggravation

A veteran may be able to receive disability compensation for a condition worsened due to their military service. This type of claim can be either mental or physical. A competent VA lawyer can assist former service members file an aggravated disability claim. The claimant must prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically, the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the disability of veterans. In addition to a doctor's statement the veteran will also have to submit medical records and lay statements from family or friends who can testify to the seriousness of their pre-service ailments.

It is important to note when submitting a claim for disability benefits for Veterans disability attorney - vimeo.com - that the conditions that are aggravated must be different than the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimonies to prove that their previous condition wasn't only aggravated by military service, however, it was much worse than what it would have been if the aggravating factor weren't present.

In order to address this issue VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and disagreement regarding the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Service-Connected Conditions

For a veteran to qualify for benefits, they have to prove that their disability or illness is related to their service. This is known as "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific services-connected amputations is granted automatically. Veterans with other conditions like PTSD, must provide lay testimony or lay evidence from people who knew them during their service to link their condition to an specific incident that occurred during their military service.

A pre-existing medical condition could be a result of service if it was aggravated due to active duty service, and not the natural progression of the disease. The best way to prove this is by providing a doctor's opinion that states that the ailment was due to service, and not the normal progress of the condition.

Certain illnesses and injuries are presumed to have been caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to award or Veterans disability attorney deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf however if not, you can do it yourself. This form is used to inform the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two options available for a higher level review. Both options should be considered carefully. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review is given to prior decisions) review and either reverse the earlier decision or confirm it. You may or may not be able submit new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the best route for your appeal, and it is important to discuss these options with your VA-accredited attorney. They'll have experience and know what's best for your case. They are also aware of the challenges faced by disabled veterans and can be more effective advocates for you.

Time Limits

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

There are many factors that affect the time the VA will take to make an assessment of your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is evaluated. The location of the field office handling your claim will also affect how long it will take for the VA to review your claim.

How often you check in with the VA to see the status of your claim can also affect the time it takes to process your claim. You can help accelerate the process by providing evidence as soon as you can and by providing specific address information for the medical facilities you utilize, and providing any requested information when it becomes available.

You may request a higher-level review if it is your opinion that the decision made on your disability was wrong. This means that you submit all the evidence in your case to a senior reviewer who can determine if there was an error in the original decision. This review does not contain any new evidence.