9 Things Your Parents Taught You About Veterans Disability Lawyer

How to File a veterans Disability - artrecord.kr - Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans who have their claims accepted receive additional monthly income which is tax-free.

It's not secret that VA is behind in the process of processing claims for disability by veterans disability attorney. The process can take months or even years.

Aggravation

Veterans could be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim can be either mental or physical. A VA lawyer who is certified can assist an ex-military personnel file an aggravated disabilities claim. A claimant needs to prove by proving medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the severity of the pre-service illness. In addition to the doctor's opinion, the veteran must also provide medical records and lay statements from family or friends who can attest to their pre-service condition.

In a veterans disability claim, it is important to note that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony to show that their initial condition wasn't only aggravated due to military service but was also more severe than what it would have been if the aggravating factor wasn't present.

In order to address this issue, VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy during the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Service-Connected Conditions

To be eligible for benefits, veterans must show that his or her disability or illness was caused by service. This is referred to as "service connection." For some diseases, such as Ischemic heart disease and other cardiovascular diseases that develop because of services-connected amputations is automatically granted. For other conditions, such as PTSD veterans are required to provide witnesses or lay evidence from people who knew them in the military, in order to connect their condition to an specific incident that occurred during their time in service.

A preexisting medical condition may also be service-connected in the event that it was aggravated by active duty and not through natural progress of the disease. The most effective method to demonstrate this is to provide the doctor's opinion that the aggravation was due to service and not just the normal development of the condition.

Certain ailments and injuries are believed to be caused or worsened by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and other Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or caused by military service. This includes AL amyloidosis and other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeal

The VA has a procedure for appeals for appealing their decision on whether or not to award benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not handle this for you, then you can complete the process on your own. This form is used by the VA to inform them that you do not agree with their decision and you would like a higher-level review of your case.

There are two options for a more thorough review and both of them are options you should consider carefully. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference to the decision made previously) and either reverse or uphold the earlier decision. You may be able or not required to provide new proof. The other option is to request a hearing before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these factors with your VA-accredited lawyer. They'll have experience in this area and will know what is the most appropriate option for your particular situation. They are also aware of the difficulties that disabled veterans face which makes them an effective advocate for you.

Time Limits

If you suffer from a condition which was created or worsened during your military service, you can file a claim and receive compensation. But you'll have to be patient during the VA's process for 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.

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

Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can help accelerate the process by submitting evidence promptly and being specific in your address details for the medical facilities you utilize, and providing any requested information as soon as it is available.

You can request a more thorough review if you feel that the decision based on your disability was not correct. This requires you to submit all evidence in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.