How to File a norwich veterans disability law firm Disability Claim

The claim of disability for a veteran is an important part of the application for benefits. Many Haledon Veterans Disability Lawsuit who have their claims approved receive an additional monthly income that is tax free.

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

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This kind of claim can be mental or physical. A skilled VA lawyer can help the former soldier make an aggravated disability claim. A claimant needs to prove, through medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

Typically the most effective way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion by a physician who specializes in the condition of the veteran. In addition to the doctor's report, the veteran must also provide medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

It is important to note in a claim to be disabled by a veteran that the condition being aggravated has to be different from the original disability rating. A disability attorney can advise the former service member on how to provide the proper medical evidence and evidence to show that their health condition was not merely aggravated through 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 in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversies during the process of filing claims. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To qualify for benefits, a veteran must prove that his or her disability or illness was caused by service. This is known as proving "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that arise as a result of specific services-connected amputations is automatically granted. germantown veterans disability lawyer suffering from other ailments such as PTSD, must provide lay testimony or lay evidence from people who knew them during their service to link their condition with a specific incident that occurred during their time in the military.

A pre-existing medical problem can also be service related when it was made worse by active duty and not as a natural progression of the disease. The best method to prove this is by providing an opinion from a doctor that states that the ailment was due to service and not the normal development of the condition.

Certain illnesses and injuries may be presumed to be caused or aggravated by service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. These are AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to complete it on your own. This form allows you to inform the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two options to request an additional level review. Both options should be carefully considered. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no review is given to the previous decisions) review and either reverse the earlier decision or confirm it. You may or not be allowed to submit new evidence. You can also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these aspects with your lawyer who is accredited by the VA. They'll have experience in this field and know the best option for your particular case. They also know the difficulties that disabled veterans face which makes them an effective advocate for you.

Time Limits

You can claim compensation if you suffer from a disability that was acquired or worsened in the course of serving in the military. You'll need to wait as the VA examines and decides on your application. You could have to wait up to 180 calendar days after submitting your claim to receive a decision.

There are a variety of factors that affect the time the VA will take to reach an assessment of your claim. The amount of evidence submitted is a significant factor in how quickly your application is considered. The location of the field office responsible for your claim can also influence the time it takes for the VA to review your claim.

Another factor that can impact the length of time it takes your claim to be processed is how often you contact the VA to check the status of your claim. You can help accelerate the process by submitting evidence as soon as possible and being specific in your address details for the medical care facilities you use, and submitting any requested information as soon as it's available.

If you believe there was an error in the decision made regarding your disability, you are able to request a higher-level review. This involves submitting all the relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.