How to File a elmsford veterans disability attorney Disability Claim

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

It's not a secret that VA is behind in the process of processing claims for disability by veterans. A decision can take months or even years.

Aggravation

hamtramck veterans disability lawyer may be eligible for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A competent VA lawyer can assist former service members to file an aggravated disability claim. A claimant must show, with medical evidence or independent opinions that their medical condition prior to service was aggravated by active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the pre-service condition. In addition to the doctor's opinion the veteran will require medical records and lay declarations from family members or friends who can testify to the seriousness of their pre-service ailments.

It is essential to note in a claim to be disabled by a veteran that the aggravated conditions must be different than the original disability rating. A disability lawyer can guide the former service member on how they can provide enough medical evidence and testimony to prove that their health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different wording in these regulations has caused confusion and disagreement during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To be eligible for benefits, they must show that their condition or illness is connected to service. This is referred to as proving "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations linked to service. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from those who knew them during the military, to connect their condition to a specific incident that took place during their time in service.

A pre-existing medical condition could be service-related in the event that it was aggravated by active duty, and not the natural progression of the disease. The best method to prove this is to present an opinion from a doctor that states that the aggravation was due to service and not the normal progress of the condition.

Certain illnesses and injuries may be believed to be caused or aggravated by treatment. These are referred to as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean hampstead veterans disability attorney exposure to radiation in prisoner of war, and numerous Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more information on these presumptive diseases, click here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you're able to do it 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 paths to an upscale review and both of them are options you must carefully consider. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review is given to previous decisions) review and either reverse the earlier decision or maintain the decision. You could or might not be allowed to submit new evidence. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these issues with your VA-accredited attorney. They have experience and know what is best for your case. They are also aware of the difficulties that disabled veterans face and can be more effective advocates on your behalf.

Time Limits

You can claim compensation if you have a disability that you acquired or worsened while serving in the military. However, you'll need to be patient with the process of considering and deciding about your application. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.

Many factors affect the time it takes for VA to consider your claim. The amount of evidence you provide will play a major role in how quickly your application is evaluated. The location of the VA field office which will be evaluating your claim can also impact the time it takes to review your claim.

Another factor that can impact the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the progress of your claim. You can help speed up the process by providing evidence as soon as possible by being specific with your address information for the medical care facilities that you use, and sending any requested information immediately when it becomes available.

You may request a higher-level review if it is your opinion that the decision made on your disability was unjust. You must submit all the details of your case to an experienced reviewer, who will determine whether there an error in the initial decision. This review does not include any new evidence.