How to File a Veterans Disability Claim
A veteran's disability claim is an important element of their benefit application. Many
veterans disability Lawyer earn tax-free earnings after their claims are approved.
It's no secret that the VA is a long way behind in processing disability claims from veterans. It could take months, even years, for a decision to be made.
Aggravation
veterans disability law firms could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A qualified VA lawyer can assist the former service member to file an aggravated disability claim. The claimant must 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 in the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the physician's statement, the veteran is required to submit medical records as well as statements from family members or friends who attest to their pre-service condition.
In a claim for disability benefits for veterans it is important to be aware that the condition that is aggravated must be distinct from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and witness to show that their initial condition wasn't only aggravated because of military service, however, it was much worse than what it would have been had the aggravating factor had not been present.
VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has led to confusion and disagreement during the process of filing claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.
Conditions that are associated with Service
To be eligible for benefits veterans must prove his or her condition or disability was caused by service. This is known as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases or any other cardiovascular diseases that arise because of specific amputations linked to service. For other conditions,
veterans disability lawyer such as PTSD the veterans must present documents or evidence from those who knew them during the military, to connect their condition with a specific incident that occurred during their time of service.
A preexisting medical condition could also be service-related in the event that it was aggravated by their active duty service and not by natural progression of the disease. The best method to prove this is to present an opinion from a doctor that states that the aggravation was due to service, and not the normal progress of the condition.
Certain injuries and illnesses are presumed to have been caused or aggravated by the service. These are referred to 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 illnesses and tropical diseases are also presumed to have been caused or aggravated by service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these presumptive illnesses.
Appeals
The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer does not complete this task for you, then you're able to complete it on your own. This form is used by the VA to let them know that you do not agree with their decision, and you would like a higher-level review of your case.
There are two paths to a more thorough review and both of them are options you should take into consideration. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will perform a de novo (no consideration is given to the previous decisions) review and either overturn the earlier decision or confirm it. You may be required or not required to provide new proof. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are a variety of factors to consider when choosing the best lane for your appeal, and it is important to discuss these with your attorney who is accredited by the VA. They'll have expertise in this area and will know the best option for your particular case. They are also familiar with the difficulties that disabled
veterans disability attorney face and their families, which makes them more effective advocates for you.
Time Limits
You can claim compensation if you have a disability that you acquired or worsened as a result of serving in the military. But you'll have to be patient during the VA's process of reviewing and deciding on your application. It could take up 180 days after the claim has been submitted before you get an answer.
There are many variables that influence how long the VA will take to make an assessment of your claim. The speed at which your application will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim could also impact the length of time required to review.
Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to inquire about its progress. You can accelerate the process by sending all documentation as quickly as you can, including specific details regarding the medical facility you use, as well as sending any requested information.
You could request a higher-level review if you feel that the decision based on your disability was unjust. You'll need to provide all the facts of your case to a knowledgeable reviewer who will determine whether there an error in the original decision. However,
veterans disability lawyer this review can't include new evidence.