• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a veterans disability lawyer Disability Claim

The veteran's claim for disability is a key part of submitting an application for benefits. Many veterans disability lawyers who have their claims approved receive additional income each month which is tax-free.

It's no secret that the VA is way behind in processing disability claims from veterans. It can take months, even years, for a decision to be made.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated due to their military service. This kind of claim can be physical or mental. A VA lawyer who is competent can help a former military member make an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions, that their medical condition prior to serving was made worse through active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the physician's statement, the veteran must also submit medical records and lay statements from family or friends who attest to their pre-service condition.

It is essential to note in a veterans disability claim that the aggravated condition must differ from the original disability rating. An attorney for disability can guide a former servicemember on how to provide the proper medical evidence and evidence to show that their condition was not just aggravated by military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language in these provisions has led to confusion and controversy during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions Associated with Service

To be eligible for benefits veterans must prove their condition or disability was caused by service. This is known as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular diseases that arise as a result specific amputations linked to service. For other conditions, like PTSD, veterans must provide the evidence of laypeople or people who knew them in the military, to connect their condition to a specific incident that took place during their time of service.

A preexisting medical issue could also be service-related when it was made worse by active duty and not due to the natural progress of the disease. The most effective method to demonstrate this is to provide the doctor's opinion that the ailment was due to service, and not the normal progress of the condition.

Certain illnesses and injuries are believed 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, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are also thought to be caused or aggravated by service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you however, if not, you may file it yourself. This form is used by the VA to inform them that you disagree with their decision, and would prefer a more thorough review of your case.

There are two options for higher-level review. Both should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the previous decision or affirm it. You could or might not be able submit new evidence. You can also request a hearing before a Veterans disability law Firms Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They have experience and know what's best for your case. They are also aware of the difficulties faced by disabled veterans and can help them become 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 to be patient with the VA's process of considering and deciding about the merits of your claim. You may need to wait up to 180 calendar days after submitting your claim to receive an answer.

Numerous factors can affect the time it takes for the VA to decide on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence you submit. The location of the field office that handles your claim also influences the time it takes for the VA to review your claim.

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

If you believe that there was an error in the decision made regarding your disability, you may request a more thorough review. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was an error in the original decision. This review does not contain any new evidence.