How To Explain Veterans Disability Lawyer To A 5-Year-Old

How to File a lafayette veterans disability law firm Disability Claim

The claim of a veteran for disability is a vital component of the application process for benefits. Many veterans who have their claims approved receive an additional monthly income that is tax free.

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

Aggravation

A veteran may be able get disability compensation in the event of an illness that was made worse by their military service. This kind of claim 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 must prove, with medical evidence or independent opinions that their pre-service medical condition was made worse by active duty.

Typically, the most effective way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from a physician who specializes in the disabled veteran. In addition to a doctor's statement the veteran will also need to submit medical records and lay declarations from friends or veterans family members who can confirm the seriousness of their pre-service ailments.

In a claim for disability benefits for veterans it is essential to be aware that the aggravated condition must be different from the original disability rating. An attorney for disability can guide a former servicemember on how to provide sufficient medical evidence and evidence to show that their health condition was not merely aggravated by military service, but actually worse than it would have been without the aggravating factor.

In order to address this issue, VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and debate regarding the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

To qualify a veteran for benefits, they must show that their condition or illness is linked to service. This is known as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops due to specific service-connected amputations. east Peoria veterans disability Lawyer suffering from other ailments, like PTSD are required to provide witness testimony or lay evidence from those who were their friends during their service to establish a connection between their condition to a specific incident that occurred during their military service.

A pre-existing medical issue can be a service-related issue if it was aggravated due to active duty service and not just the natural progression of disease. It is best to provide the doctor with a report explaining that the deterioration of the condition was due to service, not just the natural progression of the disease.

Certain injuries and illnesses are believed to be caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and other Gulf War conditions. Certain chronic diseases and tropical diseases are also suspected to have been resulted or aggravated by military service. These include AL amyloidosis, chloracne, other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may complete this for you however if not, you can do it yourself. This form is used by the VA to inform them that you do not agree with their decision, and you would like a higher-level review of your case.

There are two ways to get an upper-level review that you should take into consideration. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo (no consideration is given to prior decisions) review and either reverse the previous decision or affirm the decision. You may or may not be able to submit new evidence. The alternative is to request an interview before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these issues with your lawyer who is accredited by the VA. They have experience and know what is best for your case. They also understand the challenges faced by disabled veterans and can be more effective advocates on your behalf.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during military service, you could file a claim in order to receive compensation. But you'll have to be patient when it comes to the VA's process for considering and deciding about your application. You may have to wait up to 180 calendar days after submitting your claim before you receive an answer.

There are many variables that affect the time the VA takes to make a decision on your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you submit. The location of the VA field office who will review your claim could also impact how long it takes.

Another factor that can impact the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can speed up the process by providing all evidence as fast as you can. You should also provide specific information about the medical facility you use, and sending any requested details.

You may request a higher-level review if it is your opinion that the decision you were given regarding your disability was incorrect. This means that you submit all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the original decision. This review does not contain any new evidence.