Do Not Believe In These “Trends” About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran’s disability claim is a crucial part of his or her benefit application. Many veterans who have their claims approved receive additional monthly income that is tax free.

It’s not secret that VA is behind in the process of processing claims for disability by veterans. It can take months, even years, for a final decision to be made.

Aggravation

A veteran could be eligible to claim disability compensation for the condition that was caused by their military service. This type of claim is known as an aggravated disability and can be either mental or physical. A licensed VA lawyer can help the former service member file an aggravated disability claim. A claimant must demonstrate either through medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

Typically the most effective way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the veteran’s disability. In addition to the physician’s statement, the veteran must also provide medical records as well as statements from family members or friends who can attest to their pre-service condition.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the initial disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony in order to prove that their original condition wasn’t just aggravated due to military service, but it was worse than it would have been if the aggravating factor had not been present.

In order to address this issue VA is proposing to change the two “aggravation” standards contained in its regulations – 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and controversy in the process of making claims. Particularly, the inconsistent use of phrases such as “increase in disability” and “any increase in severity” has been the source of disputes and uncertainty.

Conditions that are associated with Service

To be eligible for benefits homewood veterans disability must prove the disability or illness was caused by service. This is referred to as “service connection.” Service connection is granted automatically for Vimeo certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop as a result specific service-connected amputations. Veterans with other conditions, like PTSD, must provide witness testimony or lay evidence from people who were close to 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 condition may also be service-related in the case that it was aggravated by active duty and not by natural progress of the disease. It is recommended to present the doctor with a report explaining that the aggravation of the condition was caused by service and not the natural development of the disease.

Certain injuries and illnesses may be attributed to or aggravated because of service. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or caused by service. They include AL amyloidosis, chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf, but if they do not, you can do it yourself. This form is used by the VA to let them know that you disagree with their decision, and want a higher level review of your case.

There are two routes to a more thorough review that you should consider carefully. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and Vimeo either reverse the earlier decision or uphold it. It is possible that you will be able not required to submit a new proof. You can also request an appearance before a bellevue veterans disability Law judge at the Board of crookston veterans disability‘ Appeals, Washington D.C.

It is important to discuss these aspects with your VA-accredited lawyer. They’ll have experience and will know the best route for your case. They are also aware of the difficulties faced by disabled agoura hills veterans disability, which can make them an effective advocate for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened in the military, you may file a claim to receive compensation. However, you’ll need patient when it comes to the VA’s process for taking a look at and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before receiving an answer.

Numerous factors can affect the time it takes for VA to determine your claim. How quickly your application will be considered is mostly determined by the amount of evidence you have submitted. The location of the VA field office that will be reviewing your claim can also impact how long it takes.

Another factor that can impact 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 speed up the process by making sure to submit all evidence as swiftly as possible, providing specific details regarding the medical care facility you use, as well as providing any requested information.

You may request a higher-level review if it is your opinion that the decision based on your disability was incorrect. You’ll need to provide all of the facts about your case to an experienced reviewer, who can determine whether there an error in the original decision. However, this review can’t include any new evidence.