The Most Significant Issue With Veterans Disability Lawyer And How You Can Solve It

How to File a Veterans Disability Claim

The claim of a veteran for disability is an important part of the application for benefits. Many veterans earn tax-free earnings when their claims are accepted.

It’s no secret that the VA is a long way behind in the process of processing disability claims from veterans. The decision could take months or even years.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition made worse by their military service. This type of claim could be physical or mental. A competent VA lawyer can assist former service members submit an aggravated claim. A claimant must prove using medical evidence or an independent opinion, that their medical condition prior to service was made worse by active duty.

Typically, the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the disabled veteran. In addition to the doctor’s opinion, the veteran is required to submit medical records and the lay statements of family or friends who can attest to their pre-service condition.

In a warren veterans disability lawyer disability claim it is essential to remember that the condition being aggravated has to differ from the original disability rating. A disability attorney can advise an ex-servicemember on how to provide the proper medical evidence and evidence to show that their condition was not only aggravated through military service, but actually worse than it would have been without the aggravating factor.

VA proposes to rewrite its two “aggravation standards” 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 claiming. Particularly, the inconsistent use of phrases such as “increase in disability” and “any increase in severity” has been the source of disputes and confusion.

Conditions Associated with Service

To be eligible for benefits, they must prove that their illness or disability is linked to service. This is known as “service connection.” For some ailments, like Ischemic heart disease or other cardiovascular diseases that arise due to specific services-connected amputations is granted automatically. Veterans suffering from other conditions, like PTSD, must provide lay testimony or evidence from those who were their friends during their time in the military to connect their condition to an specific event that occurred during their military service.

A pre-existing medical condition could be a service-related issue in the event that it was aggravated by active duty, and not the natural progression of disease. The best method to demonstrate this is to provide the doctor’s opinion that the ailment was due to service and not just the normal progress of the condition.

Certain injuries and illnesses may be thought to be caused or aggravated because of service. They are known as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea Madisonville Veterans Disability attorney radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however, if not, you are able to file it yourself. 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 for a higher level review. Both options should be carefully considered. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will perform an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or confirm it. You may or not be able submit new evidence. The other path is to request a hearing with an Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C.

It’s important to discuss all of these issues with your VA-accredited attorney. They’ll have experience and know the best option for your situation. They are also familiar with the challenges that disabled veterans face which makes them an ideal 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. But you’ll have to be patient with the VA’s process of reviewing and deciding on your application. It could take up to 180 days after your claim is submitted before you get an answer.

Many factors can influence how long it takes the VA to determine your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is evaluated. The location of the field office handling your claim also influences how long it takes for the VA to review your claim.

How often you check in with the VA regarding the status of your claim can affect the length of time it takes to process. You can speed up the process by providing all evidence as fast as possible, providing specific information regarding the medical facility you use, and providing any requested details.

You can request a more thorough review if you believe that the decision you were given regarding your disability was not correct. You’ll need to provide all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the original decision. But, this review will not include new evidence.