How to File a casa grande veterans disability lawyer Disability Claim

The claim of a disabled veteran is a vital part of submitting an application for benefits. Many Ellwood City veterans Disability law firm who have their claims approved receive additional income each month that is tax free.

It's not a secret that VA is behind in processing veteran disability claims. The decision could take months or even years.

Aggravation

Veterans could be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim may be either mental or physical. A qualified VA lawyer can assist the former service member file an aggravated disability claim. A claimant must show through medical evidence or independent opinions, that their medical condition prior to service was aggravated by active duty.

Typically the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's report, the veteran should also submit medical records and statements from family members or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is essential to remember that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony in order to prove that their previous condition wasn't just aggravated by military service, however, it was much worse than what it would have been had the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has created confusion and debate in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they must demonstrate that their illness or disability is related to their service. This is known as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular conditions that develop because of specific amputations connected to service. For other conditions, like PTSD, veterans must provide documents or evidence from people who knew them in the military to prove their condition with a specific incident that occurred during their time of service.

A preexisting medical condition could be service-related in the case that it was aggravated by active duty and not through natural progress 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 of the disease.

Certain illnesses and injuries are believed to be caused or worsened by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. These are AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a procedure to appeal their decision on whether or not they will grant benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney will likely file this on your behalf however if not, you can file it yourself. This form is used by the VA to let them know that you disagree with their decision, and you would like a higher-level review of your case.

There are two ways to get a more thorough review, both of which you should carefully consider. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no review of previous decisions) review and either overturn the earlier decision or maintain it. You could or might not be allowed to submit new evidence. The alternative is to request a hearing with a enid veterans disability attorney Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these factors with your lawyer who is accredited by the VA. They're experienced in this area and will know what makes sense for your particular situation. They also understand the challenges that disabled veterans face and can help them become more effective advocates for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened in the course of serving in the military. You'll need to be patient while the VA examines and decides on your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.

There are a variety of factors that affect the time the VA will take to make an assessment of your claim. The speed at which your claim will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim can also impact the time it takes to review your claim.

The frequency you check in with the VA to check the status of your claim can affect the length of time it takes to process your claim. You can speed up the process by sending all documentation as quickly as you can, including specific information about the medical center you use, as well as sending any requested details.

If you think there was a mistake in the decision made regarding your disability, you are able to request a higher-level review. This means that you submit all the relevant facts of your case to a senior reviewer who can determine if there was an error in the initial decision. But, this review will not include new evidence.