How to File a grand terrace veterans disability attorney Disability Claim
A veteran’s disability claim is a critical part of his or her benefit application. Many veterans who have their claims approved receive additional monthly income that is tax free.
It’s not a secret that the VA is way behind in processing disability claims for veterans. The decision could take months or even years.
Aggravation
A veteran may be able to receive compensation for disability due to a condition worsened by their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A skilled VA lawyer can help the former soldier to file an aggravated disability claim. A claimant has to prove via 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 condition prior to service was aggravated is through an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to a physician’s declaration the veteran will have to submit medical records and lay declarations from family or friends who can testify to the severity of their pre-service condition.
It is essential to note in a claim for a disability benefit for miami veterans disability lawsuit that the condition being aggravated has to differ from the original disability rating. A disability attorney can advise an ex-servicemember on how to provide sufficient medical evidence and evidence to show that their original condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.
In order to address this issue VA is proposing to change the two “aggravation” standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and controversies in the claims process. The inconsistent use of terms such as “increased disability” and “any increased severity” have been the source of litigation.
Conditions Associated with Service
To qualify a veteran for benefits, they must show that their disability or illness is related to their service. This is referred to as proving “service connection.” Service connection is granted automatically for certain conditions, like ischemic heart diseases or other cardiovascular diseases that arise due to specific service-connected amputations. Veterans with other conditions like PTSD are required to provide lay testimony or lay evidence from those who knew them during their service to link their condition to an specific event that occurred during their military service.
A preexisting medical issue could be service-related when it was made worse by their active duty service and not by natural progress of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was caused by service and not the natural development of the disease.
Certain illnesses and injuries are presumed to have been caused or worsened by service. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are believed to have been caused or aggravated by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.
Appeal
The VA has a process to appeal their decision regarding whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may complete this for you, but if they do not, you may file it yourself. This form is used by the VA to inform them that you do not agree with their decision and would like a more thorough review of your case.
There are two routes to an upper-level review, both of which you should take into consideration. One is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not be required to present new evidence. Another option is to request an appointment before a Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C.
It is essential to discuss all of these factors with your lawyer who is accredited by the VA. They’ll have expertise in this area and will know the best option for your specific case. They also understand the challenges that disabled gautier veterans disability attorney face and can be a stronger advocate for you.
Time Limits
If you suffer from a physical or mental impairment that was incurred or worsened during your military service, you can file a claim and receive compensation. You’ll need to wait as the VA examines and decides on your application. It could take as long as 180 days after your claim is filed before you get a decision.
There are many variables that affect the time the VA is able to make an assessment of your claim. How quickly your application will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the field office that handles your claim also influences the time it will take for the VA to review your claims.
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 speed up the process by submitting evidence as soon as you can and by providing specific address information for the medical facilities you utilize, and providing any requested information as soon as it’s available.
You can request a more thorough review if you feel that the decision you were given regarding your disability was not correct. This involves submitting all existing facts in your case to a senior reviewer who can determine if there was an error in the original decision. But, this review will not include new evidence.