How to File a
veterans Disability Lawyer Disability Claim
The claim of a veteran for disability is an important component of the application process for benefits. Many veterans who have their claims accepted receive additional monthly income which is tax-free.
It's not a secret that the VA is way behind in processing disability claims from veterans. The decision could take months or even years.
Aggravation
A veteran could be eligible to receive compensation for disability due to the condition that was made worse by their military service. This type of claim may be either mental or physical. A VA lawyer who is certified can assist an ex-military member to file a claim for aggravated disabilities. A claimant has to prove either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
Typically, the most effective method to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the veteran's disability. In addition to the doctor's opinion, the veteran should also submit medical records and the lay statements of family or friends who can attest to their pre-service condition.
In a claim for a disability benefit for
veterans disability lawyer it is important to note that the condition that is aggravated must be distinct from the original disability rating. An attorney for disability can guide an ex-servicemember on how to present sufficient medical evidence and proof that their original condition was not only caused by military service, but actually worse than it would have been had it not been for the aggravating factor.
VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and disagreement in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Terms
To qualify a veteran for benefits, they must show that their illness or disability is linked to service. This is known as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases or any other cardiovascular disease that develops due to specific service-connected amputations. For other conditions, such as PTSD veterans are required to provide lay evidence or testimony from people who knew them in the military, in order to connect their illness to a specific incident that took place during their time in service.
A preexisting medical condition may be a result of service in the event that it was aggravated by their active duty service and not due to the natural progression of the disease. The most effective method to establish this is by submitting the opinion of a doctor that the aggravation was due to service, and not the normal progress of the condition.
Certain ailments and injuries can be thought to be caused or aggravated because of service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or caused by service. These are AL amyloidosis, chloracne or other acneform diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these probable diseases.
Appeals
The VA has a system to appeal their decision regarding whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, you are able to do it on your own. This form is used to notify the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.
You have two options for a more thorough review. Both should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no consideration is given to the previous decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not required to provide new proof. The other path is to request a hearing with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are many aspects to consider when selecting the most appropriate route for your appeal, so it's crucial to discuss these options with your VA-accredited attorney. They will have experience in this field and know the best option for your particular case. They are also aware of the difficulties that disabled veterans face and their families, which makes them a better advocate for you.
Time Limits
If you suffer from a disability that was acquired or worsened in the military, you may file a claim to receive compensation. However, you'll need patient during the VA's process of review and deciding on the merits of your claim. It could take up to 180 days after your claim is filed before you receive a decision.
There are many factors that affect the time the VA will take to reach an decision on your claim. The amount of evidence you submit will play a major role in the speed at which your claim is reviewed. The location of the VA field office who will review your claim will also affect the length of time required to review.
Another aspect that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as you can, including specific information about the medical care facility you use, as well as providing any requested details.
If you believe there has been an error in the decision on your disability, you can request a higher-level review. You'll need to provide all of the facts about your case to an experienced reviewer, who will determine whether there was a mistake in the original decision. However, this review can't contain new evidence.