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How to File a veterans disability lawyer Disability Claim

The claim of a veteran for disability is a vital element of the application for benefits. Many veterans disability litigation who have their claims approved receive additional monthly income that is tax free.

It's not a secret that the VA is way behind in processing disability claims made by veterans disability attorneys. It could take months, even years for a determination to be made.

Aggravation

A veteran could be eligible to receive compensation for disability due to a condition worsened by their military service. This type of claim is referred to as an aggravated impairment and can be either physical or mental. A VA lawyer who is certified can help an ex-military personnel submit an aggravated disabilities claim. The claimant must prove either through medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

Typically, the most effective method to prove that a condition prior to service was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to the physician's statement, the veteran must also submit medical records and statements from family members or friends who attest to their pre-service condition.

It is vital to remember in a veterans disability claim that the aggravated condition must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to establish that their original condition wasn't simply aggravated because of military service, but was also more severe than it would have been had the aggravating factor had not been present.

In addressing this issue VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and disagreement in the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" is the cause of litigation and uncertainty.

Conditions that are associated with Service

To be eligible for benefits the veteran must prove that the condition or disability was caused by service. This is referred to as "service connection." Service connection is automatically granted for certain conditions, like ischemic heart diseases or other cardiovascular diseases that develop because of specific amputations linked to service. Veterans suffering from other conditions like PTSD need to provide lay testimony or evidence from those who knew them during their service to establish a connection between their condition to a specific incident that occurred during their time in the military.

A preexisting medical problem could also be service-connected when it was made worse by their active duty service and not due to the natural progression of the disease. The most effective method to prove this is by providing the opinion of a doctor that the ailment was due to service and not the normal progress of the condition.

Certain injuries and illnesses may be presumed to be caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or triggered by service. These are AL amyloidosis, chloracne, other acne-related disorders and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive diseases, click here.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not do this for you, then you're able to complete the process on your own. This form is used by the VA to inform them that you are not satisfied with their decision and want a higher level review of your case.

There are two options for a more thorough review. Both options should be considered carefully. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a review de novo (no deference to the earlier decision) and either overturn or uphold the earlier decision. You may or may not be able to present new evidence. The other option is to request an appointment with an veterans disability law Law Judge at the Board of veterans disability compensation' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most appropriate route for your appeal, so it is important to discuss these options with your VA-accredited attorney. They'll have expertise in this field and know the best option for your specific case. They are also aware of the challenges that disabled veterans face, which can make them an effective advocate for you.

Time Limits

If you suffer from a condition that was caused or aggravated during your military service, Veterans Disability Claim you may file a claim to receive compensation. It is important to be patient while the VA evaluates and makes a decision on your application. It could take as long as 180 days after the claim has been submitted before you get a decision.

Many factors influence the time it takes for VA to make a decision on your claim. How quickly your application will be considered is mostly determined by the amount of evidence you have submitted. The location of the field office responsible for your claim will also affect how long it will take for the VA to review your claims.

The frequency you check in with the VA to check the status of your claim can influence the time it takes to process your claim. You can accelerate the process by submitting evidence as soon as possible, being specific in your details regarding the address of the medical care facilities you use, and sending any requested information as soon as it is available.

If you believe there has been a mistake in the determination of your disability, you are able to request a higher-level review. This requires you to submit all existing facts in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review cannot contain new evidence.