The 10 Most Dismal Veterans Disability Lawyer Failures Of All Time Could Have Been Prevented > 자유게시판

How to File a Veterans Disability Claim

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

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

Aggravation

A veteran might be able to receive disability compensation for an illness that was caused by their military service. This kind of claim can be either mental or physical. A VA lawyer who is certified can help an ex-military personnel file an aggravated disabilities claim. A claimant must show through medical evidence or an independent opinion, that their medical condition prior to service was aggravated through active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion proving the severity of the pre-service illness. In addition to the doctor's statement the veteran must also provide medical records and the lay statements of family or friends who attest to their pre-service condition.

In a veterans disability claim it is important to note that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can guide a former servicemember on how to present sufficient medical evidence and evidence to show that their original condition was not only aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy in the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To be eligible for benefits the veteran must prove that his or her disability or illness was caused by service. This is known as showing "service connection." For some ailments, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific services-connected amputations is automatically granted. veterans disability case suffering from other conditions, like PTSD and PTSD, are required to provide lay testimony or evidence from people 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 also be service related in the case that it was aggravated because of active duty and not just the natural progression of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.

Certain illnesses and veterans disability claim injuries are believed to be caused or aggravated by the service. These are called "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans disability lawyer, exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also believed to have been caused or aggravated from service. These are AL amyloidosis or chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf however, if not, you can file it yourself. This form is used to inform the VA you disagree with their decision and you 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 private meeting with a Decision Review Officer in your local office. The DRO will perform a de novo (no review is given to the previous decisions) review and either overturn the earlier decision or confirm the decision. You may or not be able to submit new evidence. You may also request a hearing before an veterans disability legal Law judge at the Board of veterans disability legal' Appeals, Washington D.C.

There are many aspects to consider when selecting the best lane for your appeal, and it is important to discuss these issues with your attorney who is accredited by the VA. They're experienced in this area and will know what makes sense for your particular situation. They are also aware of the challenges that disabled veterans face which makes them an effective advocate on your behalf.

Time Limits

If you suffer from a condition which was created or worsened during military service, then you could file a claim in order to receive compensation. But you'll have 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 receiving a decision.

There are many factors that influence how long the VA will take to reach an informed decision on your claim. The speed at which your claim will be considered is mostly determined by the volume of evidence you submit. The location of the VA field office which will be evaluating your claim can also influence the length of time it takes.

Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can accelerate the process by submitting your evidence as soon as you can and being specific in your details regarding the address of the medical facilities you use, and sending any requested information as soon as it's available.

You can request a higher level review if it is your opinion that the decision you were given regarding your disability was not correct. You must submit all the facts of your case to an experienced reviewer who will determine whether there an error in the original decision. This review does not contain any new evidence.