How to File a veterans disability law firm Disability Claim

The claim of a disabled veteran is a key element of the application for benefits. Many veterans are eligible for tax-free income when their claims are granted.

It's not a secret that VA is behind in processing disability claims of veterans. The decision could take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim could be mental or physical. A skilled VA lawyer can assist the former service member to file an aggravated disability claim. A claimant has to prove via medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the best way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the disabled veteran. In addition to a physician's declaration the veteran will require medical records and lay statements from friends or family members who can attest to the severity of their pre-service condition.

It is important to note in a veterans disability claim that the conditions that are aggravated must be different 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 just aggravated due to military service, but it was worse than it would have been if the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has caused confusion and controversies in the process of claiming. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Service-Connected Conditions

For a veteran to qualify for benefits, they must demonstrate that their disability or illness is related to service. This is known as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases or any other cardiovascular diseases that develop because of specific service-connected amputations. For other conditions, such as PTSD, veterans must provide documents or evidence from people who were their friends in the military to prove their illness to a specific incident that occurred during their service.

A pre-existing medical condition can be service-related in the event that it was aggravated by active duty and not due to the natural progression of the disease. The best way to demonstrate this is to provide a doctor's opinion that states that the aggravation was due to service and not just the normal progress of the condition.

Certain illnesses and injuries are believed to have been caused or worsened by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. These are AL amyloidosis or chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeal

The VA has a system for appealing their decision on whether or not to grant benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer will not complete this task for you, then you can do it yourself. This form is used by the VA to inform them that you do not agree with their decision, and would prefer a more thorough review of your case.

There are two options for an upscale review, both of which you should carefully consider. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no consideration of previous decisions) review and either overturn the earlier decision or uphold the decision. You may be able or not be required to present new evidence. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the most appropriate route for your appeal, and it's essential to discuss these issues with your attorney who is accredited by the VA. They'll have experience and know what is best for your case. They are also aware of the difficulties that disabled Veterans disability lawyer face and can help them become an effective advocate for you.

Time Limits

You can apply for compensation if you suffer from a disability that you acquired or worsened while serving in the military. However, you'll need to be patient when it comes to the VA's process of review and deciding on the merits of your claim. It could take as long as 180 days after your claim is filed before you are given a decision.

Many factors can influence the time it takes for VA to decide on your claim. How quickly your application will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the field office responsible for your claim also influences 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 time it takes to finish the process. You can accelerate the process by providing all evidence as fast as you can, including specific details regarding the medical facility you use, and sending any requested details.

You could request a higher-level review if you believe the decision you were given regarding your disability was incorrect. This involves submitting all facts that exist in your case to an expert reviewer who can determine whether there was an error in the original decision. However, this review cannot include any new evidence.