How to File a beaver falls veterans disability attorney Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many commerce veterans disability lawyer get tax-free income when their claims are granted.

It's no secret that VA is behind in processing disability claims of veterans. It can take months, even years, for a final decision to be made.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition that was worsened due to their military service. This type of claim is called an aggravated disability. It can be either physical or mental. A VA lawyer who is certified can assist an ex-military member file an aggravated disabilities claim. The claimant must prove, through medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to the doctor's report, the veteran should also submit medical records and the lay statements of family or friends who attest to their pre-service condition.

It is important to note in a claim for a disability benefit for veterans that the condition being aggravated has to be different than the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how they can provide enough medical evidence and testimony to prove that their health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these provisions has led to confusion and controversies in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

To be eligible for benefits the veteran must prove that the cause of their impairment or illness was caused by service. This is called showing "service connection." For some conditions, such as ischemic heart disease, or other cardiovascular diseases that develop as a result of service-connected amputations, service connection is automatically granted. Dothan veterans disability lawsuit suffering from other ailments such as PTSD are required to provide lay testimony or lay evidence from those who knew them during their time in service to connect their condition to a specific event that occurred during their military service.

A pre-existing medical condition can be service-related if it was aggravated due to active duty service, [Redirect Only] and not the natural progression of disease. The most effective way to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service, [empty] and not the normal progression of the condition.

Certain injuries and illnesses may be presumed to be caused or aggravated by service. They 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. Some chronic diseases and tropical illnesses are believed to have been caused or caused by military service. These are AL amyloidosis and chloracne as well as other acne-related diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however if not, you can do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two routes to a more thorough review, both of which you should carefully consider. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct an de novo review (no deference to the earlier decision) and then either reverse or affirm the earlier decision. You may or may not be able to submit new evidence. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these issues with your lawyer who is accredited by the VA. They'll have experience and know the best option for your situation. They also know the issues faced by disabled veterans and can be an effective advocate on your behalf.

Time Limits

You can apply for compensation if you have a disability that you acquired or worsened during your time in the military. You'll have to be patient as the VA reviews and decides on your claim. It could take up to 180 calendar days after filing your claim before receiving a decision.

Many factors can influence how long it takes the VA to make a decision on your claim. The speed at which your claim will be reviewed is largely determined by the volume of evidence you have submitted. The location of the field office that is responsible for your claim will also affect the time it will take for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim can also affect the time it takes to complete the process. You can speed up the process by making sure to submit all evidence as swiftly as you can, and providing specific details regarding the medical center you use, and sending any requested details.

If you think there has been a mistake in the decision regarding your disability, you are able to request a higher-level review. You'll have to submit all of the facts about your case to an experienced reviewer, who will decide whether there an error in the initial decision. The review doesn't include any new evidence.