10 Tips For Getting The Most Value From Veterans Disability Lawyer

Elenco segnalazioni e proposteCategoria: Cultura e Istruzione10 Tips For Getting The Most Value From Veterans Disability Lawyer
Colette Cotter ha scritto 4 mesi fa

How to File a Veterans Disability Claim

The claim of disability for a veteran is an important part of submitting an application for benefits. Many veterans get tax-free income when their claims are accepted.

It’s not secret that VA is behind in the process of processing claims for disability by veterans. It could take months, even years for a decision to be made.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim can be physical or mental. A skilled VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant must prove through medical evidence or independent opinions that their medical condition prior to service was made worse through active duty.

Typically, the most effective method to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the disability of veterans. In addition to the doctor’s statement the veteran must also provide medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the condition being aggravated has to be different than the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimonies to prove that their original condition wasn’t simply aggravated by military service, but it was worse than it would have been had the aggravating factor wasn’t present.

VA proposes to change its two “aggravation standards” in its regulations, 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy during the claims process. The inconsistent use of terms such as “increased disability” and “any increased severity” have been the source of litigation.

Service-Connected Terms

To be eligible for benefits veterans disability law firm must prove their condition or disability was caused by service. This is called showing “service connection.” Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop because of specific service-connected amputations. For other conditions, like PTSD, classicalmusicmp3freedownload.com veterans must provide witnesses or lay evidence from people who were close to them in the military to prove their condition to an specific incident that occurred during their time in service.

A preexisting medical issue could be service-related if it was aggravated through active duty and not by natural progress of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was due to service, and not the natural progress of the disease.

Certain illnesses and injuries are believed to be caused or aggravated due to service. These are known as “presumptive diseases.” This includes exposure to Agent Orange for classicalmusicmp3freedownload.com Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and various Gulf War conditions. Certain chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf, but if they do not, you can do it yourself. This form allows you to inform the VA you disagree with their decision and that you’d like to have a more thorough review of your case.

You have two options for a higher level review. Both options should be considered carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform a de novo (no review of previous decisions) review and either overturn the previous decision or affirm the decision. You could be able or not be required to present new evidence. You may also request an appointment with an Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are many factors to consider when choosing the most appropriate route for your appeal, so it’s essential to discuss these issues with your attorney who is accredited by the VA. They will have experience and will know the best route for your case. They are also aware of the difficulties faced by disabled veterans which makes them an effective advocate for you.

Time Limits

You can apply for compensation if you have a disability that you acquired or worsened in the course of serving in the military. However, you’ll need patient during the process of considering and deciding about your application. You may need to wait up to 180 calendar days after filing your claim to receive an answer.

Many factors affect the time it takes for the VA to decide on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence you provide. The location of the field office that handles your claim also influences the time it will take for the VA to review your claims.

Another aspect that could affect the time it takes your claim to be processed is how often you contact the VA to check the progress of your claim. You can speed up the process by sending all documentation as quickly as you can, and providing specific information about the medical center you use, and sending any requested information.

If you think there has been an error in the determination of your disability, you are able to request a more thorough review. This involves submitting all the existing facts in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review cannot contain new evidence.