How to File a la feria veterans disability lawyer Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans earn tax-free earnings after their claims are approved.

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

Aggravation

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

Typically, the best way to demonstrate that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to a doctor's statement the veteran will have to submit medical records and lay assertions from family members or friends who can confirm the severity of their pre-service condition.

In a veterans disability claim it is important to be aware that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimony to show that their initial condition wasn't just aggravated due to military service, but that it was more severe than what it would have been if the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement in the process of claiming. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Conditions

To be eligible for benefits the veteran must prove that the impairment or illness was caused by service. This is called showing "service connection." For some diseases, such as ischemic heart disease, or other cardiovascular diseases that manifest because of services-connected amputations is automatically granted. suwanee Veterans disability lawyer suffering from other conditions, like PTSD, must provide lay testimony or lay evidence from those who were their friends during their time in the military to connect their condition to a specific incident that occurred during their military service.

A preexisting medical problem could be service-related in the event that it was aggravated by active duty and not through natural progression of the disease. It is best to submit a doctor's report that explains that the deterioration of the condition was caused by service, not just the natural progression.

Certain illnesses and injuries may be attributed to or aggravated due to service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or triggered by service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeal

The VA has a process to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney is likely to submit this form on your behalf however if not, you may file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two options for a higher-level review that you should carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to previous decisions) review and either reverse the earlier decision or maintain it. You may be able or not required to submit a new proof. The other path is to request an appointment with an vacaville veterans disability lawyer Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the most appropriate route for your appeal, and it's important 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 that disabled veterans face and can help them become an effective advocate for you.

Time Limits

You can seek compensation if you have an impairment that you acquired or worsened as a result of serving in the military. But you'll need to be patient during the VA's process for taking a look at and deciding on your claim. It could take up to 180 calendar days after filing your claim before you get an answer.

There are a variety of factors which can impact the length of time the VA will take to reach an informed decision on your claim. The amount of evidence you submit will play a big role in the speed at which your application is considered. The location of the VA field office which will be reviewing your claim will also affect how long it takes.

How often you check in with the VA to see the status of your claim can affect the length of time it takes to complete the process. You can help accelerate the process by submitting evidence promptly, being specific in your details regarding the address of the medical care facilities that you utilize, and providing any requested information when it becomes available.

You may request a higher-level review if it is your opinion that the decision based on your disability was unjust. You'll have to submit all the facts of your case to an experienced reviewer who will determine whether there an error in the original decision. However, this review can't include new evidence.