9 . What Your Parents Teach You About Veterans Disability Lawyer

How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans who have their claims approved receive additional monthly income that is tax free.

It's not a secret that the VA is way behind in the process of processing disability claims made by veterans. The decision could take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A VA lawyer who is competent can assist a former military member file an aggravated disabilities claim. The claimant must demonstrate using medical evidence or an independent opinion, that their medical condition prior to service was aggravated due to active duty.

Typically, the most effective method to prove that a condition prior to service was made worse is by obtaining an independent medical opinion by an expert in the condition of the veteran. In addition to the physician's statement, the veteran is required to submit medical records and statements from relatives or friends who can attest to their pre-service condition.

It is crucial to remember when submitting a claim for disability benefits for veterans 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 testimony in order to prove that their previous condition wasn't only aggravated because of military service, however, it was much worse than it would have been had the aggravating factor had not been present.

In order to address this issue VA is proposing to align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and disagreement during the process of filing claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Conditions that are associated with Service

In order for a veteran to be eligible for benefits, they must demonstrate that their condition or illness is related to their service. This is referred to as "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that arise due to specific services-connected amputations is automatically granted. Veterans suffering from other ailments like PTSD and PTSD, are required to provide witness testimony or lay evidence from those who knew them during their service to establish a connection between their condition to a specific incident that occurred during their military service.

A preexisting medical issue could be service-related in the case that it was aggravated by their active duty service and not through natural progress of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was due to service, and not simply the natural development of the disease.

Certain injuries and illnesses may be presumed to be caused or aggravated due to treatment. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical illnesses are thought to be aggravated or triggered by service. These are AL amyloidosis, chloracne or other acne-related disorders, porphyria cutanea tarda, tuberculosis, multiple sclerosis 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 grant or deny benefits. The first step is to file a Notice Of Disagreement. If your lawyer is certified by VA and does not do this for you, then you can complete the process on your own. This form is used by the VA to inform them that you disagree with their decision and would like a more thorough review of your case.

There are two options available for a more thorough review. Both options should be considered carefully. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the earlier decision or maintain the decision. You could be able or not required to submit a new proof. You may also request an interview with a veterans Disability Lawyer (https://kizkiuz.com/) Law judge at the Board of veterans disability lawsuits' Appeals, Washington D.C.

It's important to discuss these issues with your lawyer who is accredited by the VA. They're experienced in this field and know what is the most appropriate option for your particular situation. They are also well-versed in the difficulties faced by disabled veterans which makes them a better advocate for you.

Time Limits

If you suffer from a condition that was incurred or worsened in the military, you could file a claim in order to receive compensation. You'll need to be patient while the VA examines and decides on your application. You may need to wait up to 180 calendar days after filing your claim before you receive a decision.

Numerous factors can affect the time it takes for the VA to consider your claim. The amount of evidence submitted will play a big role in how quickly your application is reviewed. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.

How often you check in with the VA to see the status of your claim could affect the time it takes to finish the process. You can help accelerate the process by providing evidence whenever you can by being specific with your information regarding the addresses of the medical facilities you use, and sending any requested information immediately when it becomes available.

You can request a higher level review if you believe that the decision made on your disability was wrong. This involves submitting all the relevant facts of your case to an experienced reviewer who will determine whether there was an error in the initial decision. However, this review cannot include any new evidence.