9 Lessons Your Parents Teach You About Veterans Disability Lawyer > 자유게시판

How to File a Veterans Disability Claim

The claim of disability for a veteran is a crucial part of the application for benefits. Many veterans who have their claims accepted receive additional income each month which is tax-free.

It's not a secret that VA is behind in processing disability claims of 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 type of claim is referred to as an aggravated disability. It could be mental or physical. A VA lawyer who is competent can assist an ex-military person file an aggravated disabilities claim. A claimant needs to prove by proving medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to the physician's statement, the veteran is required to submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

In a veterans disability (Http://artrecord.kr/bbs/board.php?bo_table=free&wr_id=122569) claim, it is important to keep in mind that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony to prove that their previous condition wasn't only aggravated due to military service however, it was much worse than it would have been if the aggravating factor wasn't present.

In addressing this issue, VA is proposing to realign the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

To qualify a veteran for benefits, they must show that their illness or disability is connected to service. This is known as showing "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is automatically granted. For other conditions, such as PTSD veterans disability lawyer are required to provide lay evidence or testimony from those who knew them during the military, in order to connect their illness to a specific incident that took place during their service.

A preexisting medical condition could be service-related if it was aggravated through active duty and not caused by the natural progression of the disease. It is recommended to present a doctor's report that explains that the aggravation of the condition was due to service, and not simply the natural progress of the disease.

Certain illnesses and injuries are presumed to have been caused or aggravated by service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or worsened by military service. These include AL amyloidosis or chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not handle this for you, you are able to complete the process on your own. This form is used by the VA to let them know that you do not agree with their decision and want a higher level review of your case.

There are two ways to get an upscale review, both of which you should take into consideration. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no consideration of previous decisions) review and either overturn the earlier decision or maintain the decision. You might or may not be able to present new evidence. The alternative is to request a hearing with an Veterans Law Judge from the Board of veterans disability law firm' Appeals in Washington, D.C.

There are many factors that go into choosing the most effective route for your appeal, so it is important to discuss these issues with your attorney who is accredited by the VA. They're experienced in this field and know what is the most appropriate option for your particular situation. They also know the issues faced by disabled veterans which makes them a stronger advocate for you.

Time Limits

If you suffer from a condition that was incurred or worsened during military service, you can file a claim to receive compensation. You'll have to be patient while the VA reviews and decides on your claim. You could have to wait up to 180 calendar days after filing your claim before you get a decision.

There are many variables that affect the time the VA will take to make an decision on your claim. The amount of evidence submitted will play a significant role in the speed at which your application is considered. The location of the VA field office that will be reviewing your claim can also impact the length of time it takes.

The frequency you check in with the VA regarding the status of your claim could affect the time it takes to process. You can speed up the process by submitting your evidence as soon as possible and being specific in your address information for the medical care facilities that you use, and submitting any requested information immediately when it becomes available.

You can request a more thorough review if it is your opinion that the decision based on your disability was not correct. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the original decision. However, this review is not able to include any new evidence.