5 Laws That Will Help The Veterans Disability Lawyer Industry

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 approved receive an additional monthly income that is tax free.

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

Aggravation

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

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to a doctor's report in addition, the veteran will require medical records and lay assertions from friends or family members who are able to confirm the severity of their pre-service conditions.

When a claim for disability benefits from veterans, it is important to keep in mind that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony in order to show that their initial condition wasn't merely aggravated because of military service, but it was worse than it would have been had the aggravating factor had not been present.

In order to address this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversies during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

To be eligible for benefits, the veteran must prove that his or her disability or illness was caused by service. This is known as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart disease or another cardiovascular diseases that develop due to specific amputations that are connected to service. For other conditions, like PTSD, veterans disability Law firms must provide documents or evidence from those who knew them during the military to prove their condition to a specific incident that occurred during their time of service.

A pre-existing medical issue can be a result of service if it was aggravated due to active duty service and not as a natural progression of disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was due to service, not just the natural development of the disease.

Certain injuries and illnesses may be believed to be caused or aggravated because of service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyer radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or caused by military service. These include AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeals

The VA has a system for appealing their decision on whether or not they will grant benefits. The first step is filing a Notice of Disagreement. If your lawyer who is accredited by the VA does not complete this task for you, then you're able to 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 for a more thorough review, both of which you should consider carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a review de novo (no deference to the decision made previously) and then either reverse or uphold the earlier decision. You may or not be able to submit new evidence. The other path is to request an appointment before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, and it's essential to discuss these issues with your attorney who is accredited by the VA. They'll have experience and know what's best for your case. They are also aware of the difficulties that disabled veterans face and can help them become a stronger advocate on your behalf.

Time Limits

You can seek compensation if you suffer from a disability that was acquired or worsened in the course of serving in the military. You'll need to wait as the VA reviews and decides on your application. You could have to wait up to 180 calendar days after submitting your claim to receive an answer.

Many factors affect the time it takes for the VA to determine your claim. The speed at which your application will be considered is mostly determined by the volume of evidence you provide. The location of the field office responsible for your claim can also influence how long it will take for the VA to review your claims.

Another factor that can affect the time required for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can help speed up the process by providing evidence as soon as possible and by providing specific address details for the medical care facilities that you use, and sending any requested information when it becomes available.

If you believe that there has been a mistake in the decision on your disability, you can request a more thorough review. You will need to submit all of the facts about your case to a knowledgeable reviewer, who will determine whether there an error in the original decision. This review doesn't contain any new evidence.