The 10 Most Terrifying Things About Veterans Disability Lawyer

How to File a Veterans Disability Claim

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

It’s not a secret that the VA is way behind in processing disability claims for palm beach veterans disability attorney. It could take months, even years, for a decision to be made.

Aggravation

A veteran could be eligible to receive disability compensation for an illness that was worsened by their military service. This type of claim is known as an aggravated impairment and can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member make an aggravated disability claim. A claimant has to prove via medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the best way to demonstrate that a condition prior to service was aggravated is to get an independent medical opinion by a physician who specializes in the disability of veterans. In addition to a physician’s declaration the veteran will have to submit medical records and lay declarations from family members or friends who are able to confirm the extent of their pre-service injuries.

It is important to note in a claim to be disabled by a veteran that the conditions that are aggravated must differ from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and witness to establish that their original condition wasn’t merely aggravated because of military service, but it was worse than it would have been if the aggravating factor weren’t 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 language used in these regulations has led to confusion and controversy in the process of making claims. Particularly, the inconsistent use of terms such as “increase in disability” and “any increase in severity” has been the source of litigation and confusion.

Conditions that are associated with Service

To be eligible for benefits a veteran must prove that the condition or disability was caused by service. This is known as “service connection.” Service connection is automatically granted for certain ailments, like Ischemic heart diseases or any other cardiovascular conditions that develop because of specific service-connected amputations. For other conditions, like PTSD, veterans must provide the evidence of laypeople or people who were their friends in the military, to link their condition with a specific incident that occurred during their time of service.

A preexisting medical problem could be service-related when it was made worse by their active duty service and not by natural progression of the disease. The best method to prove this is by providing the doctor’s opinion that the ailment was due to service and not just the normal progression of the condition.

Certain injuries and illnesses are believed to be caused or aggravated due to service. They are known as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean ventnor city veterans disability attorney as well as exposure to radiation for prisoner of war, and numerous Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be 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. Click here for more details about these presumptive diseases.

Appeals

The VA has a process for appealing their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not complete this task for you, then you’re able to do it yourself. This form is used to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two ways to get a more thorough review, both of which you must carefully consider. One is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct an de novo review (no deference to the decision made previously) and either overturn or uphold the earlier decision. You may be able or not be required to present new evidence. You can also request an appointment with a Bellevue Veterans Disability lawyer Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are a variety of factors that go into choosing the best route for your appeal, and it’s crucial to discuss these options with your attorney who is accredited by the VA. They’ll have expertise in this field and know what makes the most sense for your particular case. They are also well-versed in the challenges that disabled veterans face which makes them an ideal advocate for you.

Time Limits

If you suffer from a condition which was created or worsened in the military, you can file a claim to receive compensation. You’ll need to be patient while the VA reviews and decides on your claim. It may take up to 180 days after your claim is filed before you receive an answer.

Many factors can influence the time it takes for the VA to make a decision on your claim. The amount of evidence that you submit will play a significant role in how quickly your application is evaluated. The location of the field office handling your claim will also impact the time it takes for the VA to review your claims.

Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check its progress. You can help accelerate the process by submitting proof whenever you can by being specific with your details regarding the address of the medical care facilities you use, and sending any requested information as soon as it is available.

If you think there was a mistake in the decision made regarding your disability, you may request a more thorough review. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review can’t contain new evidence.