The 9 Things Your Parents Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income which is tax-free.

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

Aggravation

A veteran could be eligible to receive compensation for disability due to a condition worsened by their military service. This type of claim may be either mental or physical. A VA lawyer who is competent can assist an ex-military member make an aggravated disability claim. A claimant has to prove via medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to a doctor's statement the veteran will also be required to provide medical records and lay statements from family or friends who can confirm the severity of their pre-service condition.

In a veterans disability, www.maxtremer.com, claim it is important to be aware that the condition being aggravated has to differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't just aggravated because of military service, but was also more severe than what it would have been if the aggravating factor weren't present.

In order to address this issue, VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and debate in the process of claiming. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Terms

To qualify a veteran for benefits, they must prove that their disability or illness is related to their service. This is known as proving "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that manifest due to specific services-connected amputations is automatically granted. For other conditions, such as PTSD veterans have to present the evidence of laypeople or those who knew them during the military, in order to connect their illness to a specific incident that occurred during their time of service.

A preexisting medical problem could be service-related when it was made worse through active duty and not due to the natural progress of the 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 the normal progression of the condition.

Certain illnesses and injuries may be presumed to be caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and numerous Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been aggravated or caused by military service. They include AL amyloidosis and chloracne as well as other acneform diseases and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. If your lawyer is certified by VA and does not take this step for you, then you can do it on your own. This form is used by the VA to inform them that you do not agree with their decision and you would like a higher-level review of your case.

You have two options for a more thorough review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and then either reverse or uphold the earlier decision. You might or may not be allowed to submit new evidence. Another option is to request an appointment before an veterans disability lawyer Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the most appropriate route for your appeal, so it's crucial to discuss these issues with your attorney who is accredited by the VA. They're experienced and will know the best route for your case. They are also aware of the difficulties faced by disabled veterans which makes them an effective advocate for you.

Time Limits

You may be eligible for compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. But you'll need to be patient when it comes to the VA's process of review and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before receiving a decision.

There are many factors which can impact the length of time the VA takes to make a decision on your claim. The amount of evidence that you submit will play a significant role in the speed at which your claim is considered. The location of the field office responsible for your claim also influences how long it will take for the VA to review your claim.

Another factor that can impact the time it takes for your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process by submitting proof whenever you can by being specific with your address details for the medical care facilities you utilize, and providing any requested information as soon as it is available.

You can request a higher level review if you believe the decision you were given regarding your disability was unjust. You must 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 contain new evidence.