How to File a oak grove veterans disability attorney Disability Claim

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

It's no secret that VA is behind in processing veteran disability claims. A decision can take months or even years.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition caused by their military service. This type of claim is referred to as an aggravated impairment and can be mental or physical. A qualified VA lawyer can help the former soldier make an aggravated disability claim. A claimant needs to prove via medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

Typically the best way to demonstrate that a pre-service issue was aggravated is to get an independent medical opinion by an expert in the disability of veterans. In addition to a doctor's statement the veteran will also need to submit medical records and lay declarations from friends or family members who can attest to the extent of their pre-service injuries.

It is crucial to remember in a claim to be disabled by a veteran that the conditions that are aggravated must be different from the initial disability rating. An attorney for disability can guide an ex-servicemember on how to provide sufficient medical evidence and evidence to show that their condition was not only aggravated through military service, but actually worse than it would have been had it not been for 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 provisions has led to confusion and controversy during the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To qualify for benefits, veterans must prove his or her health or disability was caused by service. This is known as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases and other cardiovascular conditions that develop because of specific amputations connected to service. For other conditions, like PTSD veterans are required to provide documents or evidence from those who knew them during the military, to connect their illness to a specific incident that took place during their time of service.

A pre-existing medical problem can be a result of service in the case that it was aggravated by active duty and not due to the natural progression of disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, not just the natural progress of the disease.

Certain illnesses and injuries are believed to have been caused or aggravated by the service. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean labelle veterans disability law Firm, exposure to radiation in prisoner of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.

Appeals

The VA has a procedure for appeals to appeal their decision regarding whether or not to grant benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not take this step for the client, then you must do it on your own. This form is used to inform the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.

There are two options for a more thorough review and both of them are options you should take into consideration. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will perform an in-person (no review is given to prior decisions) review and either overturn the previous decision or affirm it. You might or may not be able to submit new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these aspects with your VA-accredited attorney. They'll have experience and know what is best for your situation. They are also aware of the challenges that disabled veterans face and can help them become a stronger advocate for you.

Time Limits

If you suffer from a condition that was acquired or worsened in the military, you can file a claim to receive compensation. You'll need to be patient while the VA reviews and decides on your application. You may have to wait up to 180 calendar days after filing your claim to receive a decision.

Many factors influence the time it takes for VA to decide on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence you have submitted. The location of the VA field office who will review your claim could also impact how long it takes.

How often you check in with the VA to check the status of your claim could also affect the time it takes to finish the process. You can accelerate the process of filing a claim by providing all evidence as fast as you can, and providing specific information regarding the medical care facility you use, as well as providing any requested details.

You may request a higher-level review if it is your opinion that the decision you were given regarding your disability was wrong. This involves submitting all evidence in your case to an expert reviewer who can determine if there was an error in the original decision. However, this review can't include new evidence.