How To Explain Veterans Disability Lawyer To Your Grandparents

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many veterans disability case who have their claims approved receive an 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 the condition that was made worse by their military service. This type of claim may be either mental or physical. A competent VA lawyer can help the former service member file an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior to service was made worse due to active duty.

Typically the best way to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert doctor veterans Disability lawyer who is specialized in the veteran's disability. In addition to a doctor's report, the veteran will also have to submit medical records and lay declarations from friends or family members who can confirm the severity of their pre-service conditions.

In a claim for a disability benefit for veterans, it is important to remember that the condition that is aggravated must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and witness to prove that their previous condition wasn't merely aggravated by military service, but that it was more severe than it would have been if the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these provisions has led to 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 cause of litigation.

Conditions Associated with Service

In order for a veteran to be eligible for benefits, they must prove that their condition or illness is linked to service. This is known as proving "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is automatically granted. veterans disability lawyer - https://www.nlvl.wiki, with other conditions, like PTSD need to provide lay testimony or evidence from those who knew them during their time in the military to connect their condition with a specific event that occurred during their time in the military.

A pre-existing medical condition can be a service-related issue in the event that it was aggravated by active duty, and not the natural progression of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was due to service and not the natural progression.

Certain injuries and illnesses may be presumed to be caused or aggravated by service. These are referred to as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans disability case, exposure to radiation in Prisoners of War, as well as various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or triggered by service. These include AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, you are able to do it on your own. This form is used by the VA to let them know that you are not satisfied with their decision, and would prefer a more thorough review of your case.

There are two options available for an additional level review. Both options should be considered carefully. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either reverse or affirm the earlier decision. You could be able or not be required to present new evidence. The alternative is to request an appointment with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these factors with your VA-accredited attorney. They're experienced and will know the best route for your case. They are also well-versed in the challenges that disabled veterans disability attorney face, which makes them a better advocate for you.

Time Limits

If you suffer from a condition that was caused or aggravated during military service, then you may file a claim to receive compensation. You'll need to be patient as the VA reviews and decides on your claim. It could take up to 180 calendar days after submitting your claim before you receive a decision.

Many factors can influence the time it takes for the VA to determine your claim. The speed at which your application will be reviewed is largely determined by the amount of evidence that you submit. The location of the VA field office who will review your claim will also affect how long it takes.

The frequency you check in with the VA to see the status of your claim could influence the time it takes to complete the process. You can help accelerate the process by providing evidence whenever you can and being specific in your information regarding the addresses of the medical care facilities that you use, and submitting any requested information when it becomes available.

You may request a higher-level review if you feel that the decision you were given regarding your disability was incorrect. This requires you to submit all evidence in your case to a senior reviewer who can determine whether there was an error in the initial decision. However, this review cannot include new evidence.