How to File a
veterans disability law firm Disability Claim
The claim of disability for a veteran is a crucial part of submitting an application for benefits. Many veterans who have their claims approved receive an additional monthly income which is tax-free.
It's no secret that VA is way behind in processing disability claims made by veterans. The process can take months or even years.
Aggravation
veterans disability law firm could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is known as an aggravated disability. It could be mental or physical. A VA lawyer who is certified can help an ex-military member to file a claim for aggravated disabilities. A claimant needs to prove by proving medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.
Typically, the most effective method to prove that a pre-service condition was aggravated is to obtain an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's report, the veteran should also submit medical records and statements from family members or friends who can attest to their pre-service condition.
In a veterans disability claim it is essential to be aware that the condition that is aggravated must differ from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony in order to establish that their original condition wasn't merely aggravated because of military service, but it was worse than what 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 in its regulations 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and controversy in the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
To be eligible for benefits a veteran must prove that the cause of their health or disability was caused by service. This is known as showing "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that arise because of Amputations that are connected to service, the service connection is granted automatically. Veterans suffering from other conditions, like PTSD and PTSD, are required to provide lay testimony or 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 condition could be a result of service if it was aggravated by active duty and not as a natural progression of disease. The most effective way to establish this is by submitting a doctor's opinion that states that the ailment was due to service, and not the normal progression of the condition.
Certain injuries and illnesses may be believed to be caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and different Gulf War conditions. Certain chronic diseases and tropical illnesses are also thought to be aggravated or triggered by service. These include AL amyloidosis, chloracne or other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.
Appeal
The VA has a system to appeal their decision as to the issue of whether or not to grant benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not take this step for you, then you're able to complete the process on your own. This form allows you to inform the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.
There are two options for a higher level review. Both options should be considered carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or confirm the decision. It is possible that you will be able not to submit new proof. You may also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is crucial to discuss all of these issues with your VA-accredited lawyer. They'll have experience and will know the best route for your situation. They are also well-versed in the difficulties that disabled
Veterans Disability Law Firms face and their families, which makes them an ideal advocate for you.
Time Limits
If you suffer from a physical or mental impairment that was caused or aggravated during military service, then you could file a claim in order to receive compensation. But you'll need to be patient during the VA's process of reviewing and deciding on the merits of your claim. It could take as long as 180 days after the claim has been filed before you receive a decision.
Numerous factors can affect the time it takes for
veterans disability law firms the VA to decide on your claim. The speed at which your application will be considered is mostly determined by the quantity of evidence you provide. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.
How often you check in with the VA to see the status of your claim could affect the length of time it takes to process. You can speed up the claim process by making sure to submit all evidence as swiftly as you can. You should also provide specific information regarding the medical facility you use, and sending any requested details.
You can request a more thorough review if it is your opinion that the decision made on your disability was incorrect. You'll have to submit all the details of your case to an experienced reviewer, who can determine whether there an error in the original decision. This review doesn't contain any new evidence.