10 Things That Your Family Teach You About Veterans Disability Lawyer > 자유게시판

How to File a Veterans Disability Claim

The veteran's claim for disability is a vital part of submitting an application for benefits. Many veterans who have their claims approved receive additional income each month which is tax-free.

It's no secret that the VA is a long way behind in processing disability claims from veterans. A decision can take months or even years.

Aggravation

A veteran could be eligible to receive compensation for disability due to an illness that was made worse by their military service. This type of claim is referred to as an aggravated impairment and can be either physical or mental. A VA lawyer who is qualified can help an ex-military person submit an aggravated disabilities claim. A claimant needs to prove via medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

Typically the most effective way to prove that a pre-service issue was aggravated is to obtain an independent medical opinion from a physician who specializes in the veteran's disability. In addition to a doctor's report the veteran will also require medical records and lay assertions from family members or friends who can testify to the seriousness of their pre-service ailments.

In a claim for disability benefits for veterans it is important to be aware that the aggravated condition must differ from the original disability rating. An attorney who is a disability attorney can help a former servicemember on how to present sufficient medical evidence and proof that their condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversies during the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they have to prove that their illness or disability is connected to service. This is called showing "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that arise due to specific services-connected amputations is granted automatically. For other conditions, like PTSD, veterans must provide the evidence of laypeople or people who were close to them in the military to prove their condition to a specific incident that took place during their service.

A preexisting medical problem could be service-related in the case that it was aggravated through active duty and not by natural progression of the disease. The most effective way to prove this is to present an opinion from a doctor that states that the ailment was due to service, and not the normal progression of the condition.

Certain injuries and illnesses may be presumed 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 disability law firms, exposure to radiation in prisoner of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. These are AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer who is accredited by the VA does not complete this task for you, then you're able to complete it on your own. This form is used to tell the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options to request higher-level review. Both options should be considered carefully. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo appeal (no deference to the decision made previously) and either overturn or affirm the earlier decision. You may or not be able to present new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these issues with your VA-accredited attorney. They will have experience and will know the best route for your case. They are also well-versed in the difficulties that disabled veterans disability lawyer face and can be an ideal advocate for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened in the course of serving in the military. But you'll need to be patient during the VA's process of taking a look at and deciding on your claim. You could have to wait up to 180 calendar days after submitting your claim before you receive a decision.

Many factors influence the time it takes for the VA to consider your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence you submit. The location of the VA field office that will be reviewing your claim can also impact the length of time required to review.

Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process by sending all documentation as quickly as you can, including specific information regarding the medical center you use, and providing any requested information.

If you believe that there has been an error in the decision made regarding your disability, then you can request a higher-level review. This involves submitting all existing facts in your case to an expert reviewer who can determine whether there was an error in the initial decision. This review doesn't contain any new evidence.