The 9 Things Your Parents Taught You About Veterans Disability Lawyer > 자유게시판

How to File a Veterans Disability Claim

The claim of disability for a veteran is a crucial component of the application process for benefits. Many veterans who have their claims accepted receive a monthly income that is tax-free.

It's no secret that VA is behind in processing disability claims of veterans. A decision can take months or even years.

Aggravation

veterans disability law firms could be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability. It can be either physical or mental. A VA lawyer who is qualified can assist an ex-military person to file a claim for aggravated disabilities. A claimant must prove, with medical evidence or independent opinions that their medical condition prior to service was aggravated through active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to a doctor's report, the veteran will also require medical records and lay assertions from family members or friends who can confirm the severity of their pre-service condition.

It is crucial to remember in a claim for a disability benefit for veterans that the aggravated condition must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to prove that their previous condition wasn't merely aggravated because of military service, but was also more severe than what it would have been if the aggravating factor hadn't been 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 regulations has led to confusion and disagreement during the process of making claims. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To qualify for benefits, veterans must show that their health or disability was caused by service. This is referred to as proving "service connection." For some conditions, such as ischemic heart disease, or other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD veterans are required to provide documents or evidence from people who were their friends in the military, in order to connect their condition with a specific incident that took place during their time of service.

A pre-existing medical problem can be service-related in the event that it was aggravated because of active duty and not due to the natural progression of the disease. It is best to submit an explanation from a doctor that the deterioration of the condition was due to service and not the natural development of the disease.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are referred to as "presumptive illnesses." They 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 believed to have been aggravated or caused by service. These include AL amyloidosis, chloracne or other acne-related conditions and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to submit this form on your behalf, but if they do not, you can do it yourself. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two routes to a higher-level review and both of them are options you should consider carefully. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either overturn or uphold the earlier decision. You might or may not be allowed to submit new evidence. You may also request an appearance before a Veterans Disability Lawyer Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your lawyer who is accredited by the VA. They will have experience in this area and will know what makes the most sense for your specific case. They are also aware of the difficulties faced by disabled veterans and can be a stronger advocate on your behalf.

Time Limits

If you have a disability that was acquired or worsened during military service, you could file a claim in order to receive compensation. You'll need to be patient as the VA examines and decides on your application. You could have to wait up to 180 calendar days after submitting your claim before you get an answer.

Many factors can influence how long it takes the VA to consider your claim. How quickly your claim will be evaluated is largely determined by the quantity of evidence you submit. The location of the field office handling your claim can also influence the time it takes for the VA to review your claim.

The frequency you check in with the VA on the status of your claim could affect the time it takes to finish the process. You can speed up the process by submitting proof whenever you can by being specific with your information regarding the addresses of the medical care facilities that you use, and submitting any requested information immediately when it becomes available.

You could request a higher-level review if it is your opinion that the decision made on your disability was unjust. This involves submitting all the facts that exist in your case to an expert reviewer who can determine whether there was a mistake in the original decision. This review does not contain any new evidence.