공지사항

How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans disability litigation get tax-free income when their claims are granted.

It's no secret that VA is behind in the processing of claims for disability from veterans disability attorney disability attorneys [recent post by www.aina-company.com]. The process can take months or even years.

Aggravation

A veteran may be able to receive compensation for disability due to a condition that was worsened due to their military service. This type of claim can be physical or mental. A licensed VA lawyer can assist a former servicemember make an aggravated disability claim. The claimant must demonstrate using medical evidence or independent opinions that their medical condition prior to service was made worse by 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 condition prior to service. In addition to a doctor's statement in addition, the veteran will need to submit medical records and lay assertions from family members or friends who can confirm the seriousness of their pre-service ailments.

It is vital to remember in a claim for a disability benefit for veterans that the aggravated condition must be different from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and witness to prove that their original condition wasn't merely aggravated by military service, however, it was much worse than it would have been had the aggravating factor weren't present.

In addressing this issue VA is proposing to change the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and controversies in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Conditions that are associated with Service

To be eligible for benefits, veterans must show that his or her disability or illness was caused by service. This is known as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular disease that develops as a result specific amputations that are connected to service. For other conditions, like PTSD veterans disability law have to present the evidence of laypeople or people who were their friends in the military, to connect their condition with a specific incident that took place during their time of service.

A pre-existing medical issue can be a service-related issue if it was aggravated due to active duty service, and not the natural progression of the disease. The best way to prove this is by providing a doctor's opinion that states that the ailment was due to service and not just the normal progression of the condition.

Certain illnesses and injuries are believed to be caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be caused or aggravated by service. This includes AL amyloidosis and other acne-related diseases, veterans disability attorneys including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.

Appeals

The VA has a procedure to appeal their decision on the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf, but if they do not, you may file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and you would like a higher-level review of your case.

There are two routes to a more thorough review and both of them are options you should consider carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either overturn the earlier decision or maintain it. You could be able or not required to submit a new proof. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They're experienced in this field and know what makes the most sense for your particular case. They are also well-versed in the challenges that disabled veterans face, which makes them a better advocate for you.

Time Limits

If you suffer from a condition that was acquired or worsened during military service, then you can file a claim to receive compensation. However, you'll need patient during the VA's process for review and deciding on the merits of your claim. It could take as long as 180 days after your claim is submitted before you get an answer.

There are many variables that influence how long the VA takes to make a decision on your claim. The amount of evidence you provide will play a big role in the speed at which your application is considered. The location of the VA field office who will review your claim will also affect the time it takes 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 process. You can help speed up the process by submitting proof as soon as possible and being specific in your address details for the medical care facilities you use, and submitting any requested information as soon as it is available.

If you believe there was a mistake in the decision made regarding your disability, you may request a more thorough review. You'll have to submit all the details of your case to an experienced reviewer, who will decide whether there an error in the initial decision. This review does not include any new evidence.