How to File a jamestown veterans disability attorney Disability Claim
The claim of disability for a veteran is a vital element of the application for benefits. Many veterans who have their claims approved receive an additional monthly income which is tax-free.
It’s not secret that VA is behind in processing veteran disability claims. The decision could take months or even years.
Aggravation
A veteran could be eligible to claim disability compensation for an illness that was caused by their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A VA lawyer who is qualified can help an ex-military personnel to file a claim for aggravated disabilities. A claimant has to prove through medical evidence or an independent opinion, that their medical condition prior to serving was aggravated through active duty.
A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to the physician’s statement, the veteran must also provide medical records as well as statements from relatives or friends who attest to their pre-service condition.
It is crucial to remember when submitting a claim for disability benefits for veterans that the aggravated conditions must be different from the initial disability rating. A disability lawyer can guide the former service member on how to provide sufficient medical evidence and testimony to establish that their condition was not only caused by military service, but actually worse than it would have been without the aggravating factor.
In addressing this issue VA is proposing to realign the two “aggravation” standards in its regulations 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and disagreement during the process of making claims. Specifically, the incongruent use of terms like “increase in disability” and “any increase in severity” has led to a lot of disputes and uncertainty.
Conditions Associated with Service
To qualify a veteran for benefits, they must demonstrate that their illness or disability is connected to service. This is referred to as proving “service connection.” Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop as a result specific service-connected amputations. palos verdes estates veterans disability law firm suffering from other conditions such as PTSD need to provide lay testimony or lay evidence from those who knew them during their service to link their condition to a specific incident that occurred during their time in the military.
A pre-existing medical issue can be a result of service when it was made worse due to active duty service and not just the natural progression of disease. The best way to prove this is by providing the opinion of a doctor that the aggravation was due to service and not just the normal development of the condition.
Certain injuries and illnesses can be believed to be caused or aggravated by treatment. They are known 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. Certain chronic diseases and tropical diseases are also believed to have been resulted or aggravated by military service. They include AL amyloidosis and chloracne as well as other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.
Appeal
The VA has a system for appealing 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 take this step for you, you are able to do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and you would like a higher-level review of your case.
There are two options for an additional level review. Both should be carefully considered. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference to the previous decision) and then either reverse or affirm the decision made earlier. It is possible that you will be able not required to provide new proof. The other path is to request an interview before an Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C.
It is important to discuss these aspects with your VA-accredited attorney. They will have experience in this area and will know what makes sense for your specific case. They also understand the challenges that disabled veterans face and can help them become a stronger advocate for you.
Time Limits
You can seek compensation if you suffer from an illness that you developed or worsened in the course of serving in the military. You’ll have to be patient as the VA reviews and decides on your application. You may need to wait up to 180 calendar days after submitting your claim before receiving an answer.
Numerous factors can affect the time it takes for VA to determine your claim. The speed at which your application will be considered is mostly determined by the volume of evidence you have submitted. The location of the VA field office which will be evaluating your claim could also impact how long it takes.
How often you check in with the VA regarding the status of your claim could affect the time it takes to process. You can help speed up the process by providing evidence whenever you can by being specific with your address details for the medical care facilities you use, and sending any requested information when it becomes available.
If you think there was a mistake in the decision on your disability, you can request a higher-level review. You must submit all the facts of your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. However, this review is not able to contain new evidence.