Tuesday, February 11

Are You Sick Of Veterans Disability Lawyer? 10 Inspirational Sources To Invigorate Your Love

How to File a Veterans Disability Claim

A veteran’s disability claim is a crucial component of his or her benefit application. Many veterans earn tax-free earnings when their claims are approved.

It’s not a secret that the VA is way behind in processing disability claims made by veterans. A decision can take months or even years.

Aggravation

A veteran might be able get disability compensation in the event of a condition worsened due to their military service. This type of claim is known as an aggravated disability. It can be either mental or physical. A skilled VA lawyer can assist the former service member to file an aggravated disability claim. A claimant must demonstrate via medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to a doctor’s statement the veteran will need to submit medical records and lay declarations from family members or friends who can testify to the severity of their pre-service conditions.

It is important to note in a veterans disability claim that the condition being aggravated has to be different from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony in order to prove that their previous condition wasn’t simply aggravated by military service, but that it was more severe than what it would have been had the aggravating factor weren’t present.

VA proposes to rewrite its two “aggravation standards” in its regulations 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and disagreement during the process of claiming. The incongruent use phrases like “increased disability” and “any increased severity” have been the cause of litigation.

Service-Connected Terms

To qualify for benefits, the veteran must prove that the cause of their condition or disability was caused by service. This is known as “service connection.” Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations linked to service. South Pasadena Veterans Disability Lawsuit with other conditions, like PTSD are required to provide the evidence of lay witnesses or from people who knew them during their time in service to connect 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 advisable to provide an explanation from a doctor that the deterioration of the condition was due to service, and not the natural development of the disease.

Certain ailments and injuries can be believed to be caused or aggravated by treatment. They are known as “presumptive illnesses.” They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and different Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by military service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not do this for you, then you can do it yourself. This form is used to inform the VA that you are not satisfied with their decision and you’d like to have a more thorough review of your case.

There are two options to request a more thorough review. Both options should be considered carefully. One is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or confirm the decision. You might or may not be able submit new evidence. You may also request an appearance before an mathis veterans disability attorney Law judge at the Board of Veterans’ Appeals, Washington D.C.

It’s important to discuss these aspects with your VA-accredited attorney. They’re experienced in this area and will know what is the most appropriate option for your particular situation. They are also aware of the challenges that disabled veterans face, which can make them an effective advocate on your behalf.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened in the course of serving in the military. It is important to be patient as the VA evaluates and makes a decision on your application. You may need to wait up to 180 calendar days after submitting your claim to receive an answer.

Many factors influence the time it takes for VA to determine your claim. The amount of evidence you submit will play a significant role in how quickly your application is reviewed. The location of the field office that is responsible for your claim will also affect how long it takes for the VA to review your claim.

Another factor that can impact the time it takes for your claim to be processed is how often you contact the VA to inquire about its progress. You can help speed up the process by submitting your evidence promptly by being specific with your address information for the medical care facilities you use, and sending any requested information as soon as it is available.

If you believe there has been an error in the decision made regarding your disability, you can request a higher-level review. You’ll have to submit all of the facts about your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. This review does not contain any new evidence.