10 Tips For Getting The Most Value From Veterans Disability Lawyer

How to File a Veterans Disability Claim

The veteran’s claim for disability is a crucial element of the application for benefits. Many veterans receive tax-free income when their claims are approved.

It’s no secret that VA is a long way behind in processing disability claims made by veterans. It can take months or even years for a determination to be made.

Aggravation

A veteran may be able to receive compensation for disability due to a condition worsened by their military service. This type of claim could be physical or mental. A skilled VA lawyer can assist a former servicemember file an aggravated disability claim. The claimant must prove by proving medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

Typically the best way to demonstrate that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to the physician’s statement, the veteran must also provide medical records and the lay statements of family or friends who can attest to their pre-service condition.

It is vital to remember in a claim to be disabled by a veteran that the condition being aggravated has to differ from the original disability rating. An attorney who is a disability attorney can help the former soldier on how to provide the proper medical evidence and proof that their original condition was not only caused by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue VA is proposing to realign the two “aggravation” standards contained in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and controversies regarding the claims process. The inconsistent use of words such as “increased disability” and “any increased severity” have been the cause of litigation.

Service-Connected Terms

To qualify for benefits, veterans must prove the condition or disability was caused by service. This is called showing “service connection.” For some conditions, like Ischemic heart disease and other cardiovascular diseases that develop as a result of service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD the veterans must present documents or evidence from those who knew them during the military to prove their condition with a specific incident that occurred during their time of service.

A pre-existing medical condition can also be service related in the case that it was aggravated due to active duty service and not as a natural progression of disease. The most effective method to prove this is by providing the opinion of a doctor that the aggravation was due to service, and not the normal development of the condition.

Certain injuries and illnesses may be presumed to be caused or aggravated due to treatment. These are referred to as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and different Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or aggravated from service. These include AL amyloidosis or chloracne, other acne-related conditions such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may complete this for you however if not, you can do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two paths to an upscale review and both of them are options you should take into consideration. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the earlier decision or maintain the decision. You may be required or not be required to present new evidence. The other path is to request a hearing with a sharonville veterans disability lawsuit Law Judge at the Board of buckeye veterans disability Lawsuit‘ Appeals in Washington, D.C.

It’s important to discuss all of these factors with your VA-accredited attorney. They’re experienced in this field and know what makes sense for your particular case. They also know the difficulties that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened during military service, then you may file a claim to receive compensation. But you’ll have to be patient when it comes to the VA’s process of review and deciding on your claim. It could take up 180 days after the claim has been submitted before you get a decision.

There are many variables that influence how long the VA takes to make an assessment of your claim. The amount of evidence you submit is a significant factor in the speed at which your application is evaluated. The location of the VA field office which will be evaluating your claim can also influence the length of time it takes.

Another factor that can impact the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the progress of your claim. You can help accelerate the process by submitting your evidence whenever you can, being specific in your details regarding the address of the medical facilities you use, and sending any requested information as soon as it’s available.

If you believe that there has been an error in the decision made regarding your disability, you can request a more thorough review. This requires you to submit all relevant facts of your case to an experienced reviewer who will determine if there was an error in the original decision. But, this review will not contain new evidence.