10 Tell-Tale Signs You Need To Look For A New Veterans Disability Lawyer > 자유게시판

How to File a Veterans Disability Claim

The claim of a veteran for disability is an important element of the application for benefits. Many veterans get tax-free income after their claims are approved.

It's no secret that VA is behind in processing disability claims of veterans. It can take months, even years for a determination to be made.

Aggravation

A veteran might be able to receive compensation for disability due to the condition that was made worse by their military service. This type of claim is referred to as an aggravated disability. It could be either physical or mental. A skilled VA lawyer can help former service members submit an aggravated claim. A claimant must demonstrate, through medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to a physician's declaration, the veteran will also need to submit medical records and lay statements from family members or friends who can confirm the extent of their pre-service injuries.

It is important to note in a claim for a disability benefit for veterans disability attorneys that the aggravated condition must be different from the original disability rating. A disability attorney can advise the former service member on how to provide the proper medical evidence and evidence to show that their original condition was not just aggravated through military service, but actually worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and disagreement during the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

For a veteran to qualify for benefits, they must show that their condition or illness is related to service. This is called showing "service connection." For certain ailments, like Ischemic heart disease or other cardiovascular diseases that develop as a result of service-connected amputations, a service connection is granted automatically. Veterans suffering from other conditions, like PTSD, must provide lay testimony or evidence from those who knew them during their time in service to connect their condition to a specific event that occurred during their military service.

A pre-existing medical condition could be a result of service if it was aggravated due to active duty service and not just the natural progression of disease. The most effective method to prove this is to present the opinion of a doctor that the aggravation was due to service, and not the normal progress of the condition.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are also thought to be aggravated or triggered by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For Veterans Disability Law more information on these presumptive conditions, visit here.

Appeals

The VA has a procedure to appeal their decision as to whether or not to award benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not do this for you, then you're able to complete the process on your own. This form is used to inform the VA that you are not satisfied with their decision and that you want a higher-level review of your case.

You have two options for an additional level review. Both options should be carefully considered. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a review de novo (no deference given to the earlier decision) and then either reverse or uphold the earlier decision. You could be able or not required to provide new proof. The other option is to request a hearing before a veterans disability law (Visit Webpage) Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these aspects with your lawyer who is accredited by the VA. They will have experience and will know the best route for your case. They also know the challenges faced by disabled veterans disability case and can be an effective advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that was acquired or worsened during your time in the military. However, you'll need patient during the VA's process for considering and deciding about your claim. It could take up to 180 calendar days after submitting your claim before you get a decision.

Many factors influence the time it takes for VA to decide on your claim. The speed at which your claim will be considered is mostly determined by the quantity of evidence you submit. The location of the field office handling your claim can also influence the time it will take for the VA to review your claims.

The frequency you check in with the VA to check the status of your claim could also affect the time it takes to process your claim. You can help accelerate the process by submitting proof as soon as you can, being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information when it becomes available.

You could request a higher-level review if you believe that the decision you were given regarding your disability was incorrect. You'll have to 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.