How to File a veterans disability law firm Disability Claim

The claim of a veteran for disability is a key part of the application for benefits. Many veterans who have their claims approved receive an additional monthly income which is tax-free.

It's not secret that VA is behind in processing disability claims of veterans. It can take months or even years for a determination to be made.

Aggravation

veterans disability law firm could be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim could be physical or mental. A VA lawyer who is competent can help an ex-military personnel file an aggravated disabilities claim. A claimant has to prove by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated by active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to a doctor's statement the veteran will also need to submit medical records and lay assertions from family members or friends who can testify to the severity of their pre-service conditions.

It is vital to remember in a veterans disability claim that the aggravated condition must be different from the initial disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimonies to show that their initial condition wasn't only aggravated because of military service, but it was worse than what it would have been if the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different language of these provisions has created confusion and debate in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, they must prove that their condition or illness is connected to service. This is referred to as proving "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that arise as a result of service-connected amputations, lawyers service connection is automatically granted. For other conditions, such as PTSD veterans are required to provide documents or evidence from people who knew them in the military, to connect their condition to a specific incident that occurred during their service.

A preexisting medical issue could also be service-related when it was made worse by their active duty service and not due to the natural progress of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was caused by service and not the natural progress of the disease.

Certain injuries and illnesses can be thought to be caused or aggravated because of treatment. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or aggravated from service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf but if not, you can do it yourself. This form is used by the VA to inform them that you do not agree with their decision and want a higher level review of your case.

There are two options for an upscale review one of which you must carefully consider. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform a de novo (no review is given to previous decisions) review and either overturn the earlier decision or uphold it. You may or not be allowed to submit new evidence. Another option is to request a hearing with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these issues with your VA-accredited attorney. They'll have experience and know the best option for your case. They are also aware of the challenges faced by disabled veterans, which makes them more effective advocates for you.

Time Limits

You can apply for compensation if you have an illness that you developed or worsened in the course of serving in the military. It is important to be patient while the VA evaluates and makes a decision on your claim. You could have to wait up to 180 calendar days after filing your claim before you get a decision.

Many factors can influence how long it takes the VA to decide on your claim. How quickly your claim will be evaluated is largely determined by the quantity of evidence that you submit. The location of the field office handling your claim will also impact the time it will take for the VA to review your claim.

The frequency you check in with the VA on the status of your claim could affect the length of time it takes to complete the process. You can accelerate the process by submitting your evidence whenever you can and by providing specific address details for the medical care facilities you utilize, and providing any requested information immediately when it becomes available.

If you believe that there has been a mistake in the decision made regarding your disability, you are able to request a more thorough review. This requires you to submit all evidence in your case to an expert reviewer who can determine whether there was an error in the original decision. However, this review can't contain new evidence.