12 Companies Leading The Way In Veterans Disability Lawyer

How to File a graham veterans disability law firm Disability Claim

The claim of a disabled veteran is a vital element of the application for benefits. Many richmond hill veterans disability lawyer earn tax-free earnings when their claims are accepted.

It’s no secret that VA is way behind in processing disability claims for veterans. It could 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 worsened by their military service. This kind of claim is known as an aggravated disability. It could be either mental or physical. A licensed VA lawyer can help the former soldier file an aggravated disability claim. The claimant must demonstrate, with medical evidence or independent opinions that their pre-service medical condition was aggravated due to active duty.

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

It is crucial to remember in a veterans disability claim that the aggravated condition must be different than the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimonies to establish that their original condition wasn’t merely aggravated because of military service, however, it was much worse than what it would have been had the aggravating factor weren’t present.

In addressing this issue, VA is proposing to realign 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 controversy during the process of filing claims. Particularly, the inconsistent use of terms like “increase in disability” and “any increase in severity” is the cause of disputes and uncertainty.

Conditions Associated with Service

For a veteran to qualify for benefits, they must prove that their condition or illness is linked to service. This is known as “service connection.” For some diseases, such as ischemic heart disease, or other cardiovascular diseases that develop as a result of specific service-connected amputations, a service connection is automatically granted. Veterans suffering from other conditions, like PTSD are required to provide lay testimony or lay evidence from those who were their friends during their service to link their condition to an specific incident that occurred during their time in the military.

A preexisting medical condition may be a result of service if it was aggravated by active duty and not by natural progress of the disease. It is best to provide an explanation from a doctor that the aggravation of the condition was caused by service, not just the natural progression.

Certain illnesses and injuries are believed to have been caused or aggravated by the service. They are known as “presumptive illnesses.” This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been caused or aggravated by service. These include AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to make this filing on your behalf, but if they do not, you can do it yourself. This form is used by the VA to let them know that you do not agree with their decision and would prefer a more thorough review of your case.

There are two options for a higher-level review and both of them are options you should carefully consider. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo (no consideration is given to prior decisions) review and either overturn the earlier decision or confirm it. It is possible that you will be able not required to submit a new proof. You can also request an appointment with an ypsilanti veterans disability law firm Law judge at the Board of Veterans’ Appeals, Washington D.C.

It is crucial to discuss these aspects with your VA-accredited attorney. They’ll have experience in this field and know the best option for your particular case. They are also well-versed in the challenges that disabled veterans face and their families, which makes them more effective advocates for you.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened in the course of serving in the military. You’ll need to wait while the VA reviews and decides on your claim. It could take up 180 days after the claim has been submitted before you get an answer.

Many factors can influence the time it takes for VA to decide on your claim. How quickly your claim will be considered is mostly determined by the amount of evidence that you submit. The location of the VA field office who will review your claim can also influence the length of time required to review.

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 progress of your claim. You can accelerate the process by submitting evidence as soon as possible, being specific in your address information for the medical facilities you use, and submitting any requested information immediately when it becomes available.

You can request a more thorough review if you believe the decision you were given regarding your disability was not correct. You’ll have to submit all of the facts about your case to an experienced reviewer, who will decide whether there an error in the original decision. However, this review cannot include new evidence.