How to File a lucas veterans disability lawsuit Disability Claim
A veteran’s disability claim is an essential part of his or her benefit application. Many veterans who have their claims approved receive additional income each month that is tax free.
It’s no secret that VA is behind in the processing of claims for disability from veterans. A decision can take months or even years.
Aggravation
Veterans may be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim is referred to as an aggravated disability and can be either physical or mental. A licensed VA lawyer can assist the former service member to file an aggravated disability claim. A claimant has to prove using medical evidence or an independent opinion, that their medical condition prior lake veterans disability lawsuit to service was aggravated due to active duty.
Typically, the most effective method to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to a doctor’s statement in addition, the veteran will need to submit medical records and lay declarations from family members or friends who can testify to the extent of their pre-service injuries.
It is essential to note in a claim to be disabled by a veteran that the condition being aggravated has to differ from the original disability rating. A disability lawyer can guide a former servicemember on how to present sufficient medical evidence and evidence to show that their original health condition was not merely aggravated through military service, but actually worse than it would have been without the aggravating factor.
In order to address this issue, VA is proposing to align the two “aggravation” standards contained in its regulations – 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and controversies during the process of filing claims. Specifically, the incongruent use of phrases such as “increase in disability” and “any increase in severity” has been the cause of disputes and uncertainty.
Conditions Associated with Service
To be eligible for benefits, a veteran must prove that his or her impairment or illness was caused by service. This is known as showing “service connection.” Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations connected to service. For other conditions, such as PTSD the veterans must present the evidence of laypeople or people who were their friends in the military, to connect their illness to a specific incident that occurred during their time in service.
A preexisting medical condition could also be service-connected when it was made worse by their active duty service and not caused by the natural progression of the disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was caused by service and not the natural progress of the disease.
Certain ailments and injuries are presumed to have been caused or aggravated by service. They are known as “presumptive diseases.” This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as various Gulf War conditions. Certain chronic illnesses and tropical diseases are also suspected to have been resulted or aggravated by military service. They include AL amyloidosis or chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these probable diseases.
Appeals
The VA has a procedure to appeal their decision regarding whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf but if not, you are able to file it yourself. This form allows you to inform the VA you disagree with their decision and that you would like a more thorough review of your case.
There are two options available for a higher level review. Both options should be considered carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform a de novo (no consideration of previous decisions) review and either reverse the earlier decision or uphold the decision. You may or may not be able to submit new evidence. You may also request a hearing before an Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.
There are many factors that go into choosing the most effective route for your appeal, and it is important to discuss these options with your attorney who is accredited by the VA. They will have experience in this field and know what makes the most sense for your specific case. They also understand the challenges that disabled veterans face and can be a stronger advocate on your behalf.
Time Limits
If you have a disability which was created or worsened in the military, you may file a claim to receive compensation. You’ll need to wait while the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after submitting your claim before receiving an answer.
Numerous factors can affect the time it takes for VA to make a decision on your claim. How quickly your application will be reviewed is largely determined by the quantity of evidence you provide. The location of the field office responsible for your claim also influences the time it takes for the VA to review your claims.
How often you check in with the VA to see the status of your claim can also affect the time it takes to finish the process. You can help speed up the process by submitting evidence promptly, being specific in your address information for the medical care facilities that you use, and sending any requested information immediately when it becomes available.
You can request a more thorough review if you feel that the decision you were given regarding your disability was unjust. This involves submitting all existing facts in your case to a senior reviewer who can determine whether there was an error in the initial decision. This review does not include any new evidence.