10 Undeniable Reasons People Hate Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran’s disability claim is an important element of their benefit application. Many mishawaka veterans disability law firm who have their claims approved receive additional income each month which is tax-free.

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

Aggravation

A veteran might be able to receive disability compensation for an illness that was caused by their military service. This type of claim could be mental or physical. A VA lawyer who is certified can assist a former military member file an aggravated disabilities claim. A claimant has to prove using medical evidence or independent opinions, that their medical condition prior to service was made worse by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion proving the severity of the condition prior to service. In addition to a doctor’s report the veteran will also need to submit medical records as well as lay statements from family members or friends who are able to confirm the severity of their pre-service conditions.

It is vital to remember in a claim for a disability benefit for veterans that the condition being aggravated has to be different than the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony to prove that their original condition wasn’t only aggravated by military service, but it was worse 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 contained in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and debate regarding the claims process. The inconsistent use of terms such as “increased disability” and “any increased severity” have been the source of litigation.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they have to prove that their illness or disability is related to their service. This is referred to as proving “service connection.” For some ailments, like ischemic heart disease, or other cardiovascular diseases that develop because of services-connected amputations is automatically granted. For other conditions, like PTSD the fernley veterans disability attorney must present documents or evidence from people who were their friends in the military, to connect their condition to an specific incident that took place during their time in service.

A preexisting medical condition may also be service-related when it was made worse by active duty and not through natural progression of the disease. It is recommended to present the doctor with a report explaining that the aggravation of the condition was due to service, and not the natural progress of the disease.

Certain ailments and injuries can be attributed to or aggravated because of treatment. These are referred to as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as different Gulf War conditions. Certain chronic diseases and vimeo tropical diseases are also presumed to have been resulted or aggravated by military service. This includes AL amyloidosis and other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a procedure for appeals to appeal their decision as to whether or not to award benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not handle this for you, you are able to complete it on your own. This form is used to tell the VA you disagree with their decision and you’d like to have a more thorough review of your case.

There are two options available for higher-level review. Both should be considered carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference to the previous decision) and either overturn or affirm the decision made earlier. You might or may not be able to present new evidence. The other option is to request an interview before a Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.

It is important to discuss all of these factors with your lawyer who is accredited by the VA. They’re experienced in this area and will know what makes sense for your particular case. They are also aware of the challenges that disabled veterans face, which can make them an effective advocate on your behalf.

Time Limits

If you have a disability which was created or worsened during your military service, you can file a claim and receive compensation. However, you’ll need to be patient with the process of reviewing and deciding on the merits of your claim. It may take up to 180 days after the claim has been submitted before you get a decision.

There are many variables that influence how long the VA is able to make an decision on your claim. How quickly your claim will be evaluated is largely determined by the amount of evidence you have submitted. The location of the field office that is responsible for your claim will also affect how long it will take for the VA to review your claims.

Another factor that could affect the length of time it takes your claim to be processed is how often you contact the VA to check on the status of your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific details regarding the medical care facility you use, as well as providing any requested details.

You may request a higher-level review if it is your opinion that the decision made on your disability was wrong. This involves submitting all existing facts in your case to an experienced reviewer who will determine whether there was an error in the initial decision. This review doesn’t contain any new evidence.