9 . What Your Parents Taught You About Veterans Disability Lawyer

How to File a veterans disability lawsuit Disability Claim

The claim of a veteran for disability is a crucial part of submitting an application for benefits. Many veterans receive tax-free income after their claims are approved.

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

Aggravation

Veterans could be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It could be either mental or physical. A licensed VA lawyer can assist the former soldier submit an aggravated claim. The claimant must demonstrate using medical evidence or independent opinions, that their medical condition prior to serving was aggravated by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to the doctor's report, the veteran must also provide medical records as well as statements from relatives or friends who attest to their pre-service condition.

In a veterans disability claim it is crucial to keep in mind that the condition that is aggravated must be different from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony to prove that their previous condition wasn't just aggravated because of military service, but that it was more severe than it would have been if the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these provisions has led to confusion and controversy during the process of making claims. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Conditions that are associated with Service

In order for a veteran to be eligible for benefits, they must show that their disability or illness is connected to service. This is known as "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases or any other cardiovascular diseases that arise as a result specific amputations linked to service. For other conditions, like PTSD veterans are required to provide witnesses or lay evidence from people who were their friends in the military, to link their condition to a specific incident that occurred during their time in service.

A preexisting medical condition could be service-related in the case that it was aggravated by their active duty service and not through natural progression of the disease. It is advisable to provide an official report from a doctor that explains that the aggravation of the condition was caused by service and not the natural progression.

Certain illnesses and injuries may be believed to be caused or aggravated by treatment. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and different Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or caused by military service. These include AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is filing a Notice Of Disagreement. If your lawyer who is accredited by the VA does not do this for you, then you can do it yourself. This form is used to notify the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

There are two options available for a higher level review. Both should be carefully considered. 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 reverse the previous decision or affirm the decision. You could be able or not be required to present new evidence. You can also request an appointment with an Veterans Law judge at the Board of veterans disability law firm' Appeals, Washington D.C.

It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They will have experience and know the best option for your case. They also know the difficulties that disabled veterans face, which makes them an effective advocate for you.

Time Limits

If you suffer from a disability that was incurred or worsened during military service, then you may file a claim to receive compensation. You'll need to wait as the VA examines and decides on your application. It could take up 180 days after your claim is filed before you receive an answer.

There are many variables that influence how long the VA will take to make an informed decision on your claim. The amount of evidence you submit will play a major role in how quickly your application is considered. The location of the VA field office which will be reviewing your claim can also impact how long it takes.

The frequency you check in with the VA regarding the status of your claim can affect the time it takes to process. You can speed up the process by making sure to submit all evidence as swiftly as you can. You should also provide specific details regarding the medical center you use, as well as providing any requested details.

You could request a higher-level review if you believe the decision made on your disability was unjust. This involves submitting all evidence in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. However, this review can't include new evidence.