3 Reasons Commonly Cited For Why Your Veterans Disability Lawyer Isn t Performing And What You Can Do To Fix It

How to File a apache junction veterans disability law firm Disability Claim

The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans get tax-free income when their claims are granted.

It's no secret that the VA is a long way behind in the process of processing disability claims from burbank veterans disability lawyer. A decision can take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim may be either mental or physical. A qualified VA lawyer can help the former service member submit an aggravated claim. The claimant must prove via medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to a physician's declaration, the veteran will also have to submit medical records and lay assertions from family or friends who can testify to the severity of their pre-service condition.

It is essential to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different than the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to show that their initial condition wasn't just aggravated due to military service, but it was worse than what it would have been had the aggravating factor hadn't been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has caused confusion and disagreement during the process of making claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Conditions Associated with Service

For a veteran to qualify for benefits, they must demonstrate that their disability or illness is related to their service. This is known as proving "service connection." For some diseases, such as Ischemic heart disease and other cardiovascular diseases that manifest because of Amputations that are connected to service, the service connection is automatically granted. Veterans suffering from other conditions such as PTSD are required to provide the evidence of lay witnesses or from people who knew them during their service to link their condition to a specific event that occurred during their time in the military.

A preexisting medical issue could be service-related if it was aggravated through active duty and not caused by the natural progress of the disease. It is best to submit a doctor's report that explains that the aggravation of the condition was due to service, and not the natural progression of the disease.

Certain injuries and illnesses can be presumed to be caused or aggravated because of service. They are known as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and various Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. These are AL amyloidosis or chloracne, other acne-related diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeals

The VA has a system to appeal their decision regarding whether or not to award benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer will not complete this task for you, then you can complete it on your own. This form is used to inform the VA you disagree with their decision and you want a higher-level review of your case.

There are two options for a higher-level review that you should take into consideration. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference to the earlier decision) and either overturn or Vimeo.com affirm the earlier decision. You may be required or not required to provide new proof. You may also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the most appropriate route for your appeal, so it's important to discuss these with your VA-accredited attorney. They'll have experience in this area and will know the best option for your particular case. They also understand the challenges that disabled veterans face, which can make them a stronger advocate for you.

Time Limits

If you suffer from a condition that was incurred or worsened during your military service, you could file a claim in order to receive compensation. However, you'll need patient when it comes to the process of taking a look at and deciding on your application. It may take up to 180 days after your claim is submitted before you get a decision.

There are many factors that can affect how long the VA takes to make a decision on your claim. The amount of evidence that you submit will play a major role in how quickly your claim is considered. The location of the VA field office who will review your claim can also influence the length of time it takes.

How often you check in with the VA on the status of your claim could affect the length of time it takes to complete the process. You can accelerate the process of filing a claim by sending all documentation as quickly as you can. You should also provide specific details about the medical center you use, as well as providing any requested information.

You could request a higher-level review if it is your opinion that the decision made on your disability was incorrect. You must submit all the details of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the initial decision. This review does not include any new evidence.