A Good Rant About Veterans Disability Lawyer

How to File a veterans disability attorney Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans who have their claims approved receive additional monthly income that is tax free.

It's no secret that the VA is way behind in the process of processing disability claims for veterans. It can take months or even years, for a decision to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim may be physical or mental. A competent VA lawyer can assist a former servicemember submit an aggravated claim. A claimant needs to prove via medical evidence or independent opinions that their condition prior to service was made worse by active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to a doctor's report the veteran will require medical records as well as lay statements from friends or family members who are able to confirm the severity of their pre-service condition.

When a claim for disability benefits from veterans, it is important to be aware that the aggravated condition must differ from the original disability rating. A disability attorney can advise the former soldier on how to present sufficient medical evidence and evidence to show that their health condition was not merely aggravated through military service, but actually worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversy during the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

In order for a veteran to be eligible for benefits, they must prove that their condition or illness is connected to service. This is referred to as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations connected to service. Veterans suffering from other ailments such as PTSD and PTSD, are required to provide the evidence of lay witnesses or from people who knew them during their time in the military to connect their condition to a specific event that occurred during their time in the military.

A preexisting medical issue could also be service-connected in the event that it was aggravated by their active duty service and not through natural progress of the disease. The most effective way to prove this is to present a doctor's opinion that states that the aggravation was due to service, and not the normal progress of the condition.

Certain injuries and illnesses can be believed to be caused or aggravated by service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or aggravated from service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, mmatycoon.info Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.

Appeals

The VA has a process to appeal their decision as to the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely file this on your behalf, but if they do not, you are able to file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.

There are two options for a more thorough review. Both options should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or uphold it. You may or not be able to present new evidence. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors that go into choosing the most effective route for your appeal, so it's essential to discuss these with your VA-accredited attorney. They're experienced and will know the best route for your situation. They also know the issues faced by disabled veterans and can help them become an effective advocate for you.

Time Limits

You can seek compensation if you have an impairment that you acquired or worsened as a result of serving in the military. But you'll have to be patient during the process of taking a look at and deciding on your claim. You may need to wait up to 180 calendar days after filing your claim before receiving an answer.

Many factors can influence how long it takes the VA to decide on your claim. The amount of evidence that you submit will play a major role in the speed at which your claim is reviewed. The location of the VA field office which will be evaluating your claim can also impact the length of time it takes.

Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can speed up the process by submitting proof whenever you can, being specific in your address information for the medical facilities you utilize, and providing any requested information immediately when it becomes available.

If you believe that there has been a mistake in the determination of your disability, you can request a higher-level review. You must submit all the facts regarding your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. However, this review is not able to include new evidence.