How to File a brentwood veterans disability law firm Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans get 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 from veterans. The process can take months or even years.

Aggravation

A veteran may be able to receive disability compensation for the condition that was caused by their military service. This kind of claim can be physical or mental. A VA lawyer who is qualified can assist an ex-military personnel to file a claim for aggravated disabilities. A claimant has to prove using medical evidence or independent opinions that their medical condition prior vimeo to serving was aggravated through active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to the doctor's opinion, the veteran will also have to submit medical records and lay assertions from friends or family members who are able to confirm the severity of their pre-service condition.

It is important to note in a veterans disability claim that the aggravated condition must be different from the initial disability rating. A disability attorney can advise an ex-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 had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and controversy during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To be eligible for benefits a veteran must prove that the disability or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases and other cardiovascular conditions that develop as a result specific amputations connected to service. For other conditions, like PTSD the veterans must present lay evidence or testimony from people who knew them in the military to prove their illness to a specific incident that took place during their time of service.

A preexisting medical issue could be service-related in the event that it was aggravated by active duty and not caused by the natural progression of the disease. The most effective way to prove this is to present the doctor's opinion that the ailment was due to service, and not the normal progression of the condition.

Certain ailments and Vimeo injuries are believed to have been caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also assumed to have been aggravated or triggered by service. These are AL amyloidosis, chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for vimeo more information about these presumptive diseases.

Appeals

The VA has a process to appeal their decision as to whether or not to award benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf but if not, you are able to file it yourself. This form allows you to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two ways to get an upper-level review that you should take into consideration. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference to the decision made previously) and then either reverse or affirm the decision made earlier. You may be able or not required to submit a new proof. Another option is to request an interview before a Veterans Law Judge at the Board of beaver dam veterans disability lawsuit' Appeals in Washington, D.C.

It is essential to discuss these issues with your lawyer who is accredited by the VA. They will have experience and will know the best route for your case. They also know the issues faced by disabled veterans and can be a stronger advocate on your behalf.

Time Limits

If you suffer from a condition which was created or worsened during your military service, you can file a claim and receive compensation. But you'll have to be patient with the VA's process of review and deciding on the merits of your claim. You may need to wait up to 180 calendar days after submitting your claim before you get a decision.

Many factors affect the time it takes for the VA to decide on your claim. The amount of evidence submitted will play a major role in the speed at which your application is reviewed. The location of the VA field office that will be reviewing your claim could also impact the length of time it takes.

The frequency you check in with the VA on the status of your claim could influence the time it takes to finish the process. You can help accelerate the process by providing evidence promptly and being specific in your address information for the medical facilities you utilize, and providing any requested information as soon as it is available.

You may request a higher-level review if it is your opinion that the decision made on your disability was not correct. This involves submitting all evidence in your case to an experienced reviewer who will determine if there was an error in the initial decision. But, this review will not include new evidence.