10 Things You Learned In Kindergarden Which Will Aid You In Obtaining Veterans Disability Lawyer

How to File a Veterans Disability Claim

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

It’s no secret that VA is behind in the process of processing claims for disability by veterans. A decision can take months or even years.

Aggravation

A veteran could be eligible to receive compensation for disability due to a condition that was worsened due to their military service. This type of claim could be physical or mental. A VA lawyer who is competent can help an ex-military member file an aggravated disabilities claim. A claimant has to prove via medical evidence or independent opinions that their condition prior to service was made worse by active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion proving the seriousness of the pre-service condition. In addition to the doctor’s opinion, the veteran should also submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

When a claim for disability benefits from veterans, it is important to remember that the condition being aggravated has to be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and witness to show that their initial condition wasn’t only aggravated by military service, however, it was much worse than what it would have been if the aggravating factor hadn’t been present.

VA proposes to realign its two “aggravation standards” in its regulations 38 CFR 3.306 & 3.310. The different wording in these regulations has led to confusion and controversy during the process of making claims. The incongruent use phrases like “increased disability” and “any increased severity” have been the source of litigation.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must demonstrate that their disability or illness is related to their service. This is known as proving “service connection.” Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular diseases that develop because of specific amputations that are connected to service. For other conditions, such as PTSD veterans have to present documents or evidence from people who were close to them in the military to prove their illness to a specific incident that took place during their time of service.

A preexisting medical condition may be a result of service when it was made worse by active duty and not due to the natural progression of the disease. The best way to establish this is by submitting the doctor’s opinion that the ailment was due to service and not the normal progression of the disease.

Certain ailments and injuries are believed to have been caused or worsened by service. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange for Vietnam and Korean richmond heights veterans disability lawyer as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeal

The VA has a system to appeal their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you however, if not, you may file it yourself. This form is used by the VA to let them know that you disagree with their decision, and would prefer a more thorough review of your case.

There are two options for higher-level review. Both options should be considered carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo appeal (no deference given to the previous decision) and then either reverse or confirm the earlier decision. It is possible that you will be able not required to provide new proof. You can also request an appointment with an Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best route for your appeal, so it’s important to discuss these issues with your VA-accredited attorney. They’ll have experience and will know the best route for your case. They are also familiar with the challenges that disabled veterans face, which makes them a better advocate for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened during your time in the military. But you’ll need to be patient when it comes to the VA’s process for considering and deciding about your claim. You may have to wait up to 180 calendar days after submitting your claim before receiving an answer.

Many factors influence the time it takes for VA to determine your claim. The amount of evidence you submit will play a big role in how quickly your claim is reviewed. The location of the field office that is responsible for your claim also influences the time it will take for the VA to review your claim.

Another aspect that could affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can speed up the process by providing evidence whenever you can, being specific in your address details for the medical facilities you utilize, and providing any requested information immediately when it becomes available.

You can request a higher level review if you believe that the decision based on your disability was not correct. This involves submitting all the existing facts in your case to a senior reviewer who can determine whether there was an error in the original decision. However, this review is not able to include any new evidence.