A Good Rant About Veterans Disability Lawyer > 자유게시판

How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans disability lawsuit who have their claims accepted receive additional monthly income that is tax-free.

It's not a secret that the VA is way behind in the process of processing disability claims for Veterans Disability Compensation veterans. It can take months or even years, for a decision to be made.

Aggravation

veterans disability legal may be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability and can be mental or physical. A licensed VA lawyer can assist the former soldier 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 doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the physician's statement, the veteran must also submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

It is important to note in a veterans disability compensation [39 Ernorvious official blog] disability claim that the conditions that are aggravated must differ from the original disability rating. A disability attorney can advise the former service member on how to provide sufficient medical evidence and proof that their condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these provisions has caused confusion and disagreement in the process of claiming. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Service-Connected Terms

To qualify for benefits, veterans must prove the impairment or illness was caused by service. This is known as "service connection." For certain ailments, like ischemic heart disease or other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is granted automatically. Veterans with other conditions like PTSD need to provide lay testimony or lay evidence from those who were their friends during their time in service to connect their condition to an specific incident that occurred during their time in the military.

A preexisting medical condition could also be service-related in the event that it was aggravated through active duty and not by natural progress of the disease. The most effective method to prove this is to present the doctor's opinion that the ailment was due to service and not the normal progression of the disease.

Certain ailments and injuries are believed to be caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability attorney radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be caused or worsened by military service. These are AL amyloidosis, chloracne or other acne-related disorders, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information about these probable diseases.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf however if not, you are able to file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and would prefer a more thorough review of your case.

There are two routes to an upper-level review, both of which you should carefully consider. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either overturn the previous decision or affirm it. You may or not be able to submit new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best route for your appeal, and it's important to discuss these with your attorney who is accredited by the VA. They're experienced in this field and know what makes the most sense for your particular situation. They are also familiar with the challenges faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you suffer from a condition that was acquired or worsened during your military service, you can file a claim to receive compensation. But you'll need to be patient during the VA's process for reviewing and deciding on the merits of your claim. It could take up to 180 calendar days after filing your claim before you get an answer.

There are many factors that influence how long the VA takes to make a decision on your claim. How quickly your application will be considered is mostly determined by the amount of evidence you provide. The location of the VA field office who will review your claim can also influence the length of time required to review.

Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can speed up the claim process by sending all documentation as quickly as you can, and providing specific information regarding the medical care facility you use, and providing any requested details.

If you think there has been an error Veterans Disability Compensation in the determination of your disability, then you can request a higher-level review. You'll need to provide all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.