Wednesday, January 15

The Most Significant Issue With Veterans Disability Lawyer, And How To Fix It

How to File a Veterans Disability Claim

A veteran’s disability claim is an essential part of their benefit application. Many veterans get tax-free income when their claims are granted.

It’s not secret that VA is behind in processing veteran disability claims. The process can take months or even years.

Aggravation

Veterans could be eligible for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability and can be either mental or physical. A VA lawyer who is qualified can assist an ex-military person file an aggravated disabilities claim. A claimant has to prove by proving medical evidence or an independent opinion, that their medical condition prior to service was aggravated through active duty.

Typically the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion from an expert in the disabled veteran. In addition to a physician’s declaration the veteran will also require medical records as well as lay statements from friends or family members who can testify to the extent of their pre-service injuries.

It is vital to remember in a veterans disability claim that the aggravated conditions must be different than the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony in order to prove that their original condition wasn’t merely aggravated due to military service but that it was more severe than it would have been had the aggravating factor had not been present.

VA proposes to revise its two “aggravation standards” in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these regulations has caused confusion and controversy during the process of making claims. Particularly, the inconsistent use of terms such as “increase in disability” and “any increase in severity” has led to a lot of disputes and confusion.

Service-Connected Terms

For a veteran to qualify for benefits, they must demonstrate that their illness or disability is related to their service. This is known as “service connection.” Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops because of specific amputations linked to service. For other conditions, such as PTSD, veterans must provide the evidence of laypeople or people who were their friends in the military, to link their condition with a specific incident that occurred during their time of service.

A pre-existing medical condition can also be service related if it was aggravated due to active duty service and not just the natural progression of disease. It is best to provide a doctor’s report that explains that the deterioration of the condition was caused by service, and not the natural progress of the disease.

Certain ailments and injuries are believed to be caused or aggravated by the service. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea Costa Mesa Veterans Disability Lawsuit radiation exposure in prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been resulted or aggravated by military service. These are AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more information about these probable diseases.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney may complete this for you, but if they do not, you are able to file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision and would like a more thorough review of your case.

There are two paths to an upscale review, both of which you should carefully consider. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo (no review is given to prior decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not to submit new proof. You can also request an interview with a Veterans Law judge at the Board of milan veterans disability attorney‘ Appeals, Washington D.C.

It is important to discuss these issues with your VA-accredited lawyer. They’re experienced in this field and know the best option for your particular situation. They also know the challenges that disabled veterans face which makes them an ideal advocate for you.

Time Limits

If you have a disability that was acquired or worsened in the military, you can file a claim and receive compensation. However, you’ll need patient when it comes to the VA’s process of reviewing and deciding on the merits of your claim. It could take up to 180 calendar days after filing your claim before you receive an answer.

Many factors can influence the time it takes for VA to decide on your claim. How quickly your application will be considered is mostly determined by the volume of evidence you submit. The location of the VA field office that will be reviewing your claim can also influence the time it takes to review your claim.

How often you check in with the VA regarding the status of your claim could affect the length of time it takes to finish the process. You can speed up the process by submitting your evidence as soon as you can by being specific with your information regarding the addresses of the medical facilities you use, and submitting any requested information as soon as it is available.

If you believe that there has been a mistake in the decision on your disability, you may request a more thorough review. You’ll have to submit all the details of your case to an experienced reviewer who will determine whether there an error in the initial decision. However, this review cannot include any new evidence.