9 . What Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans get tax-free income when their claims are granted.

It's not a secret that VA is behind in the process of processing claims for disability by veterans. A decision can take months or even years.

Aggravation

Veterans may be eligible for disability compensation if their condition was made more difficult by their military service. This kind of claim can be physical or mental. A competent VA lawyer can assist the former service member submit an aggravated claim. A claimant must demonstrate via medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the physician's statement, the veteran must also submit medical records and the lay statements of family or friends who attest to their pre-service condition.

In a veterans disability; visit my homepage, claim it is crucial to remember that the aggravated condition has to be distinct from the initial disability rating. An attorney who is a disability attorney can help an ex-servicemember on how they can provide enough medical evidence and testimony to establish that their original condition was not only caused by military service, but actually worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to change the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversy during the process of making claims. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, they must prove that their disability or illness is connected to service. This is referred to as "service connection." For certain conditions, like ischemic heart disease, or other cardiovascular diseases that arise as a result of service-connected amputations, a service connection is granted automatically. veterans disability lawsuits suffering from other conditions, like PTSD need to provide lay testimony or lay evidence from those who were their friends during their time in the military to connect their condition to a specific incident that occurred during their military service.

A preexisting medical condition may be service-related in the case that it was aggravated by active duty and not by natural progress of the disease. The most effective method to establish this is by submitting the opinion of a doctor that the aggravation was due to service and not just the normal progression of the condition.

Certain injuries and illnesses can be believed to be caused or aggravated because of treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical illnesses are also assumed to have been aggravated or triggered by service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details about these probable diseases.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer who is accredited by the VA does not handle this for you, then you can complete the process on your own. 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 options for a higher level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer at your local 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 may be able or not required to provide new proof. You may also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your VA-accredited attorney. They'll have experience and will know the best route for your situation. They also understand the challenges faced by disabled veterans and can be more effective advocates on your behalf.

Time Limits

You can claim compensation if you have a disability that you acquired or worsened during your time in the military. But you'll have to be patient with the VA's process of review and deciding on the merits of your claim. You may have to wait up to 180 calendar days after submitting your claim before you get an answer.

There are many factors that affect the time the VA takes to make an informed decision on your claim. The amount of evidence you provide will play a big role in how quickly your application is evaluated. The location of the field office that handles your claim will also affect how long it will take for the VA to review your claims.

How often 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 speed up the process by submitting evidence promptly and by providing specific address details for the medical care facilities you use, and submitting any requested information when it becomes available.

If you think there was a mistake in the decision on your disability, you are able to request a higher-level review. You will need to submit all the facts of your case to a knowledgeable reviewer who will determine whether there was a mistake in the initial decision. This review does not contain any new evidence.