Let’s Get It Out Of The Way! 15 Things About Veterans Disability Lawyer We’re Overheard

How to File a Veterans Disability Claim

The claim of a disabled veteran is an important part of submitting an application for benefits. Many clinton veterans disability lawsuit earn tax-free earnings when their claims are accepted.

It’s no secret that the VA is way behind in the process of processing disability claims for maywood veterans disability lawsuit (Vimeo.com). A decision can take months or even years.

Aggravation

A veteran may be able get disability compensation in the event of the condition that was worsened by their military service. This type of claim is called an aggravated disability. It can be either physical or mental. A VA lawyer who is certified can assist a former military member to file a claim for aggravated disabilities. A claimant must show by proving medical evidence or an independent opinion, that their medical condition prior to service was made worse by active duty.

A physician who is an expert in the veteran’s disability can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to a physician’s declaration, the veteran will also need to submit medical records as well as lay statements from friends or family members who can testify to the severity of their pre-service condition.

It is essential to note in a claim for a disability benefit for veterans that the aggravated conditions must differ from the original disability rating. A disability attorney can advise the former soldier on how to provide the proper medical evidence and testimony to establish that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to realign the two “aggravation” standards in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and controversy regarding the claims process. The inconsistent use of words such as “increased disability” and “any increased severity” have been the source of litigation.

Service-Connected Conditions

To be eligible for benefits, veterans must prove the cause of their health or disability was caused by service. This is referred to as “service connection.” For some diseases, such as Ischemic heart disease or other cardiovascular diseases that arise as a result of specific services-connected amputations is granted automatically. For other conditions, like PTSD the veterans must present lay evidence or testimony from people who were their friends in the military, to connect their illness to a specific incident that occurred during their time of service.

A preexisting medical condition could be service-related in the case that it was aggravated through active duty and not by natural progression of the disease. The most effective method to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service and not the normal progression of the disease.

Certain injuries and illnesses may be believed to be caused or aggravated due to service. These are known as “presumptive diseases.” These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and other Gulf War conditions. Some chronic diseases and tropical diseases are thought to be resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer who is accredited by the VA does not complete this task for you, then you can do it on your own. This form is used by the VA to let them know that you do not agree with their decision, and you would like a higher-level review of your case.

You have two options for higher-level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform an in-person (no review is given to prior decisions) review and either reverse the earlier decision or maintain the decision. You might or may not be able submit new evidence. The alternative is to request an interview with a Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.

It is essential to discuss these aspects with your VA-accredited attorney. They’re experienced in this area and will know the best option for your particular case. They also understand the challenges that disabled veterans face which makes them more effective advocates for you.

Time Limits

If you suffer from a condition that was acquired or worsened in the military, you could file a claim in order to receive compensation. It is important to be patient as the VA reviews and decides on your application. It may take up to 180 days after your claim is filed before you are given a decision.

Numerous factors can affect how long it takes the VA to consider your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the field office that handles your claim will also impact how long it takes for the VA to review your claim.

Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to inquire about its progress. You can help accelerate the process by submitting proof as soon as possible, being specific in your address details for the medical facilities you utilize, and providing any requested information immediately when it becomes available.

If you believe that there was a mistake in the decision regarding your disability, you are able to request a more thorough review. You’ll need to provide all the details of your case to a knowledgeable reviewer, who can determine whether there was a mistake in the original decision. However, this review cannot contain new evidence.