How to File a harrisonburg veterans disability attorney Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans receive tax-free income when their claims are accepted.

It's no secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.

Aggravation

A veteran may be able get disability compensation in the event of an illness that was made worse by their military service. This type of claim may be physical or mental. A skilled VA lawyer can help former service members submit an aggravated claim. A claimant has to prove by proving medical evidence or independent opinions that their condition prior to service was made worse by active duty.

Typically, the most effective way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to a doctor's statement, the veteran will also require medical records and lay statements from family members or friends who can attest to the severity of their pre-service condition.

It is crucial to remember in a claim to be disabled by a veteran that the aggravated condition must be different than the original disability rating. A disability lawyer can guide a former servicemember on how to provide sufficient medical evidence and testimony to establish that their original condition was not only aggravated through military service, but actually 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 & 3.310. The differing language used in these provisions has caused confusion and disagreement during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

To qualify for benefits, the veteran must prove that the health or disability was caused by service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular diseases that arise due to specific amputations connected to service. Veterans with other conditions such as PTSD, must provide the evidence of lay witnesses or from those who knew them during their time in service to connect their condition with a specific incident that occurred during their time in the military.

A preexisting medical condition may be service-related in the case that it was aggravated through active duty and not by natural progression of the disease. The most effective method to prove this is to present the opinion of a doctor that the ailment was due to service, and not the normal development of the condition.

Certain injuries and illnesses can be attributed to or aggravated due to 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. Some chronic diseases and tropical diseases are also suspected to have been caused or worsened by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer will not take this step for you, then you're able to do it on your own. This form is used to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options for a more thorough review and both of them are options you should carefully consider. One is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo review (no deference given to the decision made previously) and then either reverse or affirm the decision made earlier. It is possible that you will be able not required to provide new proof. You can also request a hearing before an rohnert park veterans disability law firm Law judge at the Board of live oak veterans disability attorney' Appeals, Washington D.C.

It is essential to discuss all of these factors with your VA-accredited attorney. They'll have experience and know what is best for your case. They are also familiar with the challenges faced by disabled veterans and their families, which makes them an ideal advocate for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened during your time in the military. However, you'll need to be patient when it comes to the VA's process of review and deciding on your application. You may need to wait up to 180 calendar days after filing your claim before you get an answer.

Many factors can influence how long it takes the VA to consider your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence that you submit. The location of the VA field office who will review your claim will also affect the time it takes to review your claim.

Another factor that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check its progress. You can help speed up the process by submitting evidence whenever you can by being specific with your details regarding the address of the medical facilities you use, and sending any requested information as soon as it's available.

If you believe there was a mistake in the decision made regarding your disability, you are able to request a more thorough review. You must submit all the facts regarding your case to a knowledgeable reviewer who will determine whether there was a mistake in the initial decision. However, this review is not able to contain new evidence.