How To Explain Veterans Disability Lawyer To Your Grandparents

How to File a Veterans Disability Claim

A veteran’s disability claim is an important component of his or her benefit application. Many veterans who have their claims accepted receive additional income each month which is tax-free.

It’s no secret that the VA is way behind in processing disability claims from holdenville veterans disability lawyer. It could take months, even years for a determination to be made.

Aggravation

A veteran might be able to receive compensation for disability due to the condition that was made worse by their military service. This type of claim could be either mental or physical. A VA lawyer who is qualified can assist a former military member make an aggravated disability claim. A claimant needs to prove, through medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor’s report, the veteran must also provide medical records and lay statements from family or friends who attest to their pre-service condition.

It is crucial to remember in a claim to be disabled by a veteran that the aggravated conditions must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to show that their initial condition wasn’t merely aggravated due to military service however, it was much worse than what it would have been had the aggravating factor had not been 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 differing wording of these regulations has caused confusion and controversies during the process of claiming. The inconsistent use of terms such as “increased disability” and “any increased severity” have been the source of litigation.

Conditions of Service

For a veteran to qualify for benefits, they must show that their condition or illness is related to service. This is referred to as proving “service connection.” Service connection is automatically granted in certain circumstances, including Ischemic heart diseases or any other cardiovascular conditions that develop due to specific amputations linked to service. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or those who knew them during the military, to link their condition with a specific incident that occurred during their service.

A pre-existing medical condition could be a service-related issue in the event that it was aggravated by active duty and not due to the natural progression of the disease. It is best to provide a doctor’s report that explains that the deterioration of the condition was caused by service, and not the natural development of the disease.

Certain illnesses and injuries may be attributed to or aggravated by service. These are known as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been caused or worsened by military service. These are AL amyloidosis, chloracne, other acne-related conditions such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not do this for you, then you can do it on your own. This form allows you to inform the VA you disagree with their decision and that you’d like a higher-level analysis of your case.

There are two options for a higher-level review one of which you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either overturn or affirm the earlier decision. You might or may not be able to present new evidence. You can also request a hearing before a Huntington Park Veterans Disability Law Firm Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are a variety of factors that go into choosing the most effective route for your appeal, and it’s important to discuss these with your VA-accredited attorney. They’ll have expertise in this area and will know what makes the most sense for your particular case. They also know the issues that disabled veterans face and can help them become more effective advocates on your behalf.

Time Limits

You can claim compensation if you suffer from a disability that was acquired or worsened while serving in the military. However, you’ll need patient with the VA’s process of considering and deciding about your application. It could take as long as 180 days after your claim is filed before you are given an answer.

There are many variables that can affect how long the VA will take to make a decision on your claim. The speed at which your claim will be reviewed is largely determined by the volume of evidence that you submit. The location of the field office that handles your claim will also affect the time it will take for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim can also affect the time it takes to process your claim. You can speed up the process by submitting all evidence as quickly as you can, including specific details regarding the medical facility you use, as well as providing any requested information.

If you think there was an error in the decision made regarding your disability, you are able to request a higher-level review. You’ll have to submit all of the facts about your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. This review does not contain any new evidence.