How to File a myrtle beach veterans disability law firm Disability Claim
The veteran’s claim for disability is a key element of the application for benefits. Many veterans earn tax-free earnings when their claims are accepted.
It’s no secret that VA is way behind in the process of processing disability claims from veterans. It can take months, even years, for a decision to be made.
Aggravation
A veteran might be able to receive compensation for disability due to a condition that was caused by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A VA lawyer who is competent can assist an ex-military personnel file an aggravated disabilities claim. A claimant must demonstrate by proving medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.
Typically, the most effective method to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the veteran’s disability. In addition to a doctor’s report in addition, the veteran will require medical records and lay declarations from friends or family members who can confirm the extent of their pre-service injuries.
In a veterans disability claim it is essential to note that the aggravated condition has to differ from the original disability rating. An attorney for disability can guide the former service member on how they can provide enough medical evidence and evidence to show that their health condition was not merely aggravated through military service, but was worse than it would have been without the aggravating factor.
VA proposes to realign its two “aggravation standards” in its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversy in the process of claiming. The incongruent use phrases like “increased disability” and “any increased severity” have been the source of litigation.
Service-Connected Conditions
For a veteran to qualify for benefits, they must show that their disability or illness is related to their service. This is known as showing “service connection.” Service connection is automatically granted for certain conditions, such Ischemic heart diseases and other cardiovascular conditions that develop due to specific amputations connected to service. Veterans with other conditions like PTSD need to provide lay testimony or lay evidence from people who were close to them during their service to link their condition to an specific event that occurred during their military service.
A preexisting medical issue could also be service-related in the case that it was aggravated by their active duty service and not due to the natural progress of the disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was due to service, not just the natural progression of the disease.
Certain illnesses and injuries may be thought to be caused or aggravated because of service. These are referred to as “presumptive diseases.” These include exposure to Agent Orange for Vietnam and Korean emmaus veterans disability lawsuit exposure to radiation in Prisoners of War, and different Gulf War conditions. Some chronic illnesses and tropical diseases are also suspected to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.
Appeal
The VA has a system to appeal their decision regarding whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, then you can complete the process on your own. This form is used by the VA to inform them that you are not satisfied with their decision and would prefer a more thorough review of your case.
There are two options to request a more thorough review. Both should be considered carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either reverse or affirm the decision made earlier. You may be required or not be required to present new evidence. The other path is to request an appointment before an Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.
There are many aspects to consider when selecting the most effective route for your appeal, and it’s essential to discuss these options with your attorney who is accredited by the VA. They will have experience in this field and know the best option for your specific case. They also understand the challenges that disabled veterans face which makes them an effective advocate for you.
Time Limits
You can apply for compensation if you have a disability that was acquired or worsened during your time in the military. However, you’ll need to be patient during the process of taking a look at and deciding on your claim. It could take up 180 days after your claim is filed before you get an answer.
Many factors influence the time it takes for VA to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the amount of evidence you submit. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.
How often you check in with the VA regarding the status of your claim can affect the time it takes to process your claim. You can speed up the process by submitting evidence whenever you can, being specific in your address details for the medical facilities you use, and submitting any requested information immediately when it becomes available.
You may request a higher-level review if it is your opinion that the decision you were given regarding your disability was not correct. You’ll have to submit all the details of your case to an experienced reviewer, who will decide whether there an error in the initial decision. However, this review is not able to include any new evidence.