It’s The Ugly Truth About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran’s disability claim is a crucial component of his or her benefit application. Many veterans who have their claims approved receive a monthly income which is tax-free.

It’s not secret that VA is behind in the processing of claims for disability from salem veterans disability law firm. The process can take months or even years.

Aggravation

A veteran might be able to receive disability compensation for a condition that was made worse by their military service. This type of claim is referred to as an aggravated disability. It can be either mental or physical. A VA lawyer who is certified can help a former military member to file a claim for aggravated disabilities. A claimant needs to prove via medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

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

In a claim for a disability benefit for veterans it is important to note that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and witness to establish that their original condition wasn’t simply aggravated because of military service, but was also more severe than it would have been had the aggravating factor wasn’t present.

In addressing this issue, VA is proposing to align the two “aggravation” standards contained in its regulations – 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy during the process of claiming. Specifically, the incongruent use of phrases such as “increase in disability” and “any increase in severity” is the cause of disputes and uncertainty.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they have to prove that their illness or disability is linked to service. This is referred to as “service connection.” Service connection is granted automatically in certain circumstances, including Ischemic heart diseases or any other cardiovascular diseases that arise because of specific amputations that are connected to service. For other conditions, such as PTSD, veterans must provide the evidence of laypeople or people who were close to them 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 condition could also be service related if it was aggravated because of active duty and not due to the natural progression of disease. The best method to prove this is by providing the doctor’s opinion that the aggravation was due to service and not just the normal progression of the condition.

Certain ailments and injuries can be attributed to or aggravated by treatment. They are known as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and vimeo Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been resulted or aggravated by military service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer does not do this for you, then you’re able to do it on your own. This form allows you to inform the VA that you are not satisfied with their decision and that you’d like a higher-level analysis of your case.

There are two options to request a higher level review. Both should be carefully considered. One is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review of previous decisions) review and either overturn the earlier decision or maintain the decision. You may or may not be able to submit new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, so it’s crucial to discuss these issues with your VA-accredited attorney. They have experience and will know the best route for your case. They are also aware of the difficulties that disabled veterans face which makes them a stronger advocate for you.

Time Limits

If you have a disability which was created or worsened during military service, you can file a claim to receive compensation. You’ll need to wait as the VA evaluates and makes a decision on your claim. It could take up 180 days after your claim is filed before you receive a decision.

There are many factors which can impact the length of time the VA will take to make an informed decision on your claim. The amount of evidence that you submit will play a significant role in the speed at which your application is reviewed. The location of the field office handling your claim also influences how long it takes for the VA to review your claims.

Another factor that could affect the time required for your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process by submitting proof as soon as possible and by providing specific address details for the medical care facilities you use, and submitting any requested information immediately when it becomes available.

You can request a more thorough review if you feel that the decision made on your disability was not correct. This requires you to submit all existing facts in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review cannot contain new evidence.