How Do You Explain Veterans Disability Lawyer To A Five-Year-Old

How to File a Veterans Disability Claim

The veteran's claim for disability is a key element of the application for benefits. Many maryville veterans disability lawyer receive tax-free income when their claims are accepted.

It's not a secret that the VA is a long way behind in the process of processing disability claims made by veterans. It can take months, even years for a determination to be made.

Aggravation

Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This kind of claim can be either mental or physical. A competent VA lawyer can assist the former soldier file an aggravated disability claim. A claimant has to prove via medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion proving the severity of the pre-service illness. In addition to the doctor's opinion, the veteran must also submit medical records as well as statements from family members or friends who attest to their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the aggravated conditions must be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and witness to prove that their original condition wasn't merely aggravated due to military service but was also more severe than it would have been if the aggravating factor had not been present.

In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and disagreement regarding the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must prove that their illness or disability is related to service. This is known as "service connection." For some conditions, like ischemic heart disease, or Vimeo.Com other cardiovascular diseases that manifest as a result of specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD veterans have to present lay evidence or testimony from people who knew them in the military, to link their condition to an specific incident that occurred during their service.

A preexisting medical issue could be service-related when it was made worse by active duty and not caused by the natural progress of the disease. It is best to submit a doctor's report that explains that the aggravation of the condition was due to service, and not the natural progress of the disease.

Certain ailments and injuries can be attributed to or aggravated by treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, and other Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been resulted or aggravated by military service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeal

The VA has a system to appeal their decision regarding whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however, if not, you can do it yourself. This form is used by the VA to let them know that you disagree with their decision, and would like a more thorough review of your case.

You have two options for a more thorough review. Both options should be carefully considered. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo review (no deference to the previous decision) and then either reverse or affirm the decision made earlier. You may or may not be able submit new evidence. The alternative is to request an interview with a cherry hills village veterans disability lawyer Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the best route for your appeal, and it's important to discuss these issues with your VA-accredited attorney. They'll have expertise in this field and know what is the most appropriate option for your particular case. They also understand radioveseliafolclor.com the challenges faced by disabled veterans and can help them become more effective advocates for you.

Time Limits

You can apply for compensation if you have a disability that you acquired or worsened while serving in the military. However, you'll need patient during the process of review and deciding on your application. It could take up to 180 calendar days after submitting your claim before receiving a decision.

There are a variety of factors that affect the time the VA takes to make an assessment of your claim. The amount of evidence submitted will play a significant role in the speed at which your application is evaluated. The location of the field office handling your claim can also influence how long it will take for the VA to review your claim.

Another factor that can impact the time required for your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can help speed up the process by submitting proof as soon as possible and being specific in your information regarding the addresses of the medical care facilities that you utilize, and providing any requested information as soon as it is available.

If you think there was an error in the decision regarding your disability, you can request a higher-level review. This involves submitting all the relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.