Solutions To Issues With Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans earn tax-free earnings when their claims are approved.

It's no secret that the VA is way behind in processing disability claims from veterans. The process can take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim could be mental or physical. A VA lawyer who is qualified can help a former military member file an aggravated disabilities claim. The claimant must prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically, the best way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the veteran's disability. In addition to a doctor's report 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 conditions.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different than the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to prove that their original condition wasn't only aggravated by military service, however, it was much worse than 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 contained in its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and disagreement in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To qualify for benefits, veterans must prove the cause of their impairment or illness was caused by service. This is referred to as "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD veterans are required to provide witnesses or lay evidence from people who were close to them in the military, to connect their illness to a specific incident that occurred during their time of service.

A preexisting medical condition may also be service-connected in the event that it was aggravated by their active duty service and not through natural progress of the disease. The best way to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service and not the normal development of the condition.

Certain ailments and injuries can be thought to be caused or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and different Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or aggravated by service. These are AL amyloidosis and chloracne as well as other acne-related conditions Porphyria Cutanea Tighta, multiple sclerosis, morristown Veterans Disability Attorney tuberculosis, and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf but if not, you can file it yourself. This form is used to notify the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two routes to an upscale review that you must carefully consider. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no review of previous decisions) review and either reverse the earlier decision or maintain it. You might or may not be allowed to submit new evidence. The alternative is to request an appointment before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best route for your appeal, so it's important to discuss these issues with your attorney who is accredited by the VA. They will have experience and will know the best route for your case. They are also aware of the difficulties that disabled tupelo veterans disability lawsuit face, which can make them more effective advocates for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. You'll need to be patient while the VA evaluates and makes a decision croton on hudson veterans disability lawyer your claim. It may take up to 180 days after the claim has been filed before you receive a decision.

There are a variety of factors which can impact the length of time the VA is able to make an decision on your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence you submit. The location of the VA field office that will be reviewing your claim will also affect the length of time required to review.

Another factor that can impact the 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 of filing a claim by sending all documentation as quickly as you can, including specific information about the medical care facility you use, as well as providing any requested details.

You could request a higher-level review if you believe that the decision you were given regarding your disability was wrong. This means that you submit all the existing facts in your case to a senior reviewer who can determine whether there was an error in the initial decision. This review does not include any new evidence.