Nine Things That Your Parent Taught You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans earn tax-free earnings when their claims are approved.

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

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated by their military service. This kind of claim is known as an aggravated disability. It can be mental or physical. A VA lawyer who is qualified can help an ex-military member make an aggravated disability claim. A claimant must demonstrate either through 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 that will demonstrate the severity of the pre-service condition. In addition to a doctor's statement the veteran will also need to submit medical records and lay assertions from family or friends who can confirm the severity of their pre-service condition.

In a veterans disability attorney disability (http://shinhwaspodium.com) claim it is crucial to note that the aggravated condition has to be distinct from the initial disability rating. An attorney who is a disability attorney can help the former service member on how to provide sufficient medical evidence and evidence to show that their health condition was not merely aggravated by military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy in the process of making claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Conditions of Service

To be eligible for benefits, veterans must prove his or her impairment or illness was caused by service. This is known as "service connection." For some conditions, like ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD veterans are required to provide witnesses or lay evidence from people who were close to them in the military, in order to connect their condition to an specific incident that took place during their service.

A pre-existing medical issue can be service-related in the event that it was aggravated due to active duty service and not just the natural progression of the disease. The best method to prove this is by providing an opinion from a doctor that states that the ailment was due to service and not just the normal progression of the disease.

Certain illnesses and injuries are believed to have been caused or worsened by service. These are called "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans disability attorneys as well as exposure to radiation for Prisoners of war, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or aggravated by service. These include AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision as to whether or not to award benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not complete this task for you, you are able to do it on your own. This form is used to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two options for an upscale review and both of them are options you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either reverse or affirm the earlier decision. You may be required or not be required to present new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your VA-accredited lawyer. They have experience and know what's best for your situation. They are also aware of the difficulties that disabled veterans face and can help them become an effective advocate on your behalf.

Time Limits

If you have a disability that was acquired or worsened during your military service, you can file a claim to receive compensation. You'll need to be patient while the VA examines and decides on your application. It may take up to 180 days after the claim has been submitted before you get an answer.

Many factors can influence the time it takes for the VA to determine your claim. How quickly your application will be evaluated is largely determined by the volume of evidence you have submitted. The location of the VA field office who will review your claim can also influence how long it takes.

Another aspect that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to check on the progress of your claim. You can help speed up the process by submitting evidence as soon as you can, being specific in your details regarding the address of the medical care facilities that you use, and sending any requested information immediately when it becomes available.

You may request a higher-level review if you believe that the decision based on your disability was incorrect. This involves submitting all facts that exist in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.