A Look At The Ugly Truth About Veterans Disability Lawyer > 자유게시판

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans who have their claims accepted receive an additional monthly income that is tax free.

It's not a secret that VA is behind in processing veteran disability claims. It can take months or even years, for a final decision to be made.

Aggravation

veterans disability compensation may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is referred to as an aggravated disability. It can be either mental or physical. A licensed VA lawyer can help former service members to file an aggravated disability claim. A claimant has to prove, with medical evidence or an independent opinion, that their medical condition prior to serving was aggravated through active duty.

Typically the best way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion by an expert doctor who is specialized in the disability of veterans. In addition to a doctor's report in addition, the veteran will require medical records and lay declarations from family members or Veterans Disability Claim friends who can testify to the severity of their pre-service conditions.

It is crucial to remember in a veterans disability claim that the condition being aggravated has to be different than the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and witness to prove that their original condition wasn't only aggravated because of military service, but was also more severe than what it would have been if the aggravating factor weren't present.

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 provisions has led to confusion and controversy in the process of claiming. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Service-Connected Conditions

To be eligible for benefits, a veteran must prove that the disability or illness was caused by service. This is called showing "service connection." For some diseases, such as ischemic heart disease or other cardiovascular diseases that arise as a result of Amputations that are connected to service, the service connection is automatically granted. Veterans with other conditions, like PTSD need to provide lay testimony or evidence from those who were their friends during their time in service to connect their condition with a specific incident that occurred during their military service.

A pre-existing medical condition could be service-related in the event that it was aggravated because of active duty and not as a natural progression of disease. It is advisable to provide a doctor's report that explains that the aggravation of the condition was due to service, and not simply the natural progress of the disease.

Certain injuries and illnesses may be thought to be caused or aggravated by treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawsuit and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be caused or worsened by military service. They include AL amyloidosis, chloracne or other acneform diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeals

The VA has a process to appeal their decision on whether or not they will grant benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer does not take this step for you, you are able to complete it on your own. This form is used by the VA to let them know that you do not agree with their decision, and want a higher level review of your case.

There are two options for an additional level review. Both options should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either reverse the previous decision or affirm it. It is possible that you will be able not required to provide new proof. The alternative is to request an appointment with an Veterans Law Judge at the Board of veterans disability legal' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the best lane for your appeal, so it's important to discuss these options with your attorney who is accredited by the VA. They're experienced and will know the best route for your case. They are also aware of the challenges faced by disabled veterans and can be more effective advocates on your behalf.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during military service, you could file a claim in order to receive compensation. However, you'll need patient when it comes to the VA's process of considering and deciding about your application. It could take as long as 180 days after your claim is filed before you get a decision.

There are many variables that can affect how long the VA will take to reach an informed decision on your claim. The speed at which your application will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the field office responsible for your claim will also impact the time it takes for the VA to review your claims.

Another factor that can affect the time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by providing all evidence as fast as you can. You should also provide specific details about the medical facility you use, as well as sending any requested information.

You can request a more thorough review if you believe the decision based on your disability was incorrect. This involves submitting all relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.