20 Important Questions To ASK ABOUT Veterans Disability Lawyer Before You Decide To Purchase It

How to File a veterans disability lawyer Disability Claim

The claim of a veteran for disability is a key element of the application for benefits. Many veterans get tax-free income when their claims are granted.

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

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A VA lawyer who is competent can assist an ex-military person file an aggravated disabilities claim. A claimant needs to prove via medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is to get an independent medical opinion from an expert in the condition of the veteran. In addition to a doctor's report, the veteran will also have to submit medical records and lay statements from friends or family members who are able to confirm the seriousness of their pre-service ailments.

It is essential to note in a claim to be disabled by a veteran that the aggravated conditions must be different from the initial disability rating. An attorney who is a disability attorney can help the former soldier on how to provide sufficient medical evidence and proof that their original condition was not only caused by 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 proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, a veteran must prove that their disability or illness was caused by service. This is referred to as "service connection." For certain conditions, like ischemic heart disease, or other cardiovascular diseases that arise as a result of specific service-connected amputations, a service connection is automatically granted. Veterans suffering from other ailments, like PTSD are required to provide lay testimony or evidence from those who were their friends during their service to establish a connection between their condition to a specific event that occurred during their military service.

A pre-existing medical condition could also be service related if it was aggravated due to active duty service and not just the natural progression of disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was due to service, not just the natural progress of the disease.

Certain injuries and illnesses may be thought to be caused or aggravated by treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or caused by service. These include AL amyloidosis or chloracne, other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeal

The VA has a procedure for appeals to appeal their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you're able to do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and would prefer a more thorough review of your case.

You have two options for an additional 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 a de novo review (no deference given to the earlier decision) and then either reverse or affirm the decision made earlier. You may be able or not required to submit a new proof. The other path is to request an interview with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the best route for your appeal, so it is important to discuss these issues with your VA-accredited attorney. They'll have experience in this area and will know the best option for your particular case. They are also familiar with the difficulties that disabled veterans face and their families, which makes them an ideal advocate for you.

Time Limits

If you suffer from a disability that was acquired or worsened during your military service, you can file a claim and receive compensation. It is important to be patient while the VA examines and decides on your application. You could have to wait up to 180 calendar days after submitting your claim before you get an answer.

There are a variety of factors which can impact the length of time the VA will take to make an assessment of your claim. How quickly your claim will be evaluated is largely determined by the amount of evidence you submit. The location of the VA field office who will review your claim could also impact how long it takes.

Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can help accelerate the process by submitting your evidence as soon as possible and Vimeo being specific in your address details for the medical care facilities that you use, and sending any requested information as soon as it is available.

You could request a higher-level review if you believe the decision made on your disability was unjust. You must submit all of the facts about your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. This review does not include any new evidence.