9 . What Your Parents Teach You About Veterans Disability Lawyer > 자유게시판

How to File a Veterans Disability Claim

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

It's not secret that VA is behind in the processing of claims for disability from veterans disability law firm. The process can take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This kind of claim can be physical or mental. A qualified VA lawyer can assist a former servicemember to file an aggravated disability claim. The claimant must prove via medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion proving the severity of the pre-service illness. In addition to a doctor's report the veteran will also need to submit medical records as well as lay statements from family or friends who can testify to the severity of their pre-service conditions.

It is essential to note in a veterans disability claim that the aggravated condition must be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and witness to prove that their previous 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 align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and controversies during the process of filing claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Conditions of Service

To qualify a veteran for benefits, they have to prove that their condition or illness is connected to service. This is referred to as "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that arise as a result of Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD, veterans must provide lay evidence or testimony from those who knew them during the military, to link their illness to a specific incident that took place during their time in service.

A preexisting medical condition may be service-related in the case that it was aggravated through active duty and not due to the natural progression of the disease. The best way to prove this is by providing the doctor's opinion that the aggravation was due to service and not just the normal progress of the condition.

Certain injuries and illnesses are believed to be caused or aggravated by the 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 various Gulf War conditions. Certain chronic diseases and tropical diseases are presumed to have been caused or aggravated from service. These are AL amyloidosis and chloracne as well as other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information regarding these presumptive diseases.

Appeals

The VA has a system to appeal their decision on whether or not to grant benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to do it yourself. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options available for an additional level review. Both options should be carefully considered. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review of previous decisions) review and either overturn the earlier decision or confirm the decision. You could be able or not to submit new proof. You can also request an interview with an Veterans Law judge at the Board of veterans disability law firms' Appeals, Washington D.C.

It is important to discuss all of these factors with your lawyer who is accredited by the VA. They'll have experience and will know the best route for your situation. They also understand the challenges faced by disabled Veterans disability Lawyer, which can make them more effective advocates on your behalf.

Time Limits

You can seek compensation if you have an impairment that you acquired or worsened during your time in the military. However, you'll need to be patient with the VA's process of taking a look at and deciding on the merits of your claim. It could take as long as 180 days after your claim is filed before you receive an answer.

There are a variety of factors that influence how long the VA will take to reach an assessment of your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence that you submit. The location of the VA field office which will be evaluating your claim could also impact how long it takes.

Another factor that can affect the time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can speed up the process by submitting your evidence as soon as you can and being specific in your information regarding the addresses of the medical care facilities that you use, and submitting any requested information as soon as it is available.

You can request a more thorough review if you believe the decision you were given regarding your disability was incorrect. This requires you to submit all evidence in your case to a senior reviewer who can determine whether there was a mistake in the original decision. However, this review is not able to contain new evidence.