Shoshana Chavez спросил 5 месяцев назад
How to File a Veterans Disability Claim
A veteran’s disability claim is an essential element of their benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax-free.
It’s not a secret that VA is behind in processing disability claims of tustin veterans disability law firm. It could take months, even years for a decision to be made.
Aggravation
A veteran might be able to claim disability compensation for an illness that was made worse by their military service. This type of claim can be either mental or physical. A VA lawyer who is competent can assist an ex-military person to file a claim for aggravated disabilities. A claimant has to prove, through medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.
A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the condition prior to service. In addition to the physician’s statement, the veteran is required to submit medical records and statements from relatives or friends who can attest to their pre-service condition.
In a claim for a disability benefit for west miami veterans disability attorney, it is important to note that the aggravated condition has to be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony in order to prove that their original condition wasn’t merely aggravated because of military service, but it was worse than it would have been had the aggravating factor hadn’t been present.
VA proposes to realign its two «aggravation standards» in its regulations 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy during the process of making claims. The inconsistent use of terms such as «increased disability» and «any increased severity» have been the root of litigation.
Service-Connected Terms
To be eligible for benefits, a veteran must prove that the cause of their impairment or illness was caused by service. This is known as proving «service connection.» For some diseases, such as ischemic heart disease or other cardiovascular diseases that develop because of Amputations that are connected to service, the service connection is automatically granted. Veterans suffering from other conditions like PTSD, must provide the evidence of lay witnesses or from people who were close to them during their time in service to connect their condition with a specific event that occurred during their military service.
A pre-existing medical condition can be service-related when it was made worse by active duty and not as a natural progression of disease. It is advisable to provide a doctor’s report that explains that the aggravation of the condition was caused by service, and not the natural progress of the disease.
Certain illnesses and injuries may be believed to be caused or aggravated because of treatment. These are called «presumptive diseases.» This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be caused or worsened by military service. These are AL amyloidosis, chloracne or other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, click here.
Appeal
The VA has a procedure to appeal their decision as to whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, you are able to do it yourself. This form is used by the VA to inform them that you do not agree with their decision, and you would like a higher-level review of your case.
There are two routes to an upper-level review and both of them are options you should take into consideration. One is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and either overturn or affirm the decision made earlier. It is possible that you will be able not be required to present new evidence. The other option is to request a hearing with an Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C.
It is essential to discuss these aspects with your VA-accredited attorney. They’ll have expertise in this field and know what is the most appropriate option for your particular case. They also know the challenges that disabled veterans face which makes them more effective advocates for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened while serving in the military. You’ll have to be patient as the VA evaluates and makes a decision on your application. You may have to wait up to 180 calendar days after submitting your claim to receive an answer.
There are many factors that influence how long the VA will take to make an assessment of your claim. The speed at which your claim will be reviewed is largely determined by the volume of evidence you provide. The location of the VA field office which will be evaluating your claim will also affect the length of time required to review.
The frequency you check in with the VA to see the status of your claim can affect the time it takes to finish the process. You can speed up the process by sending all documentation as quickly as you can, including specific information about the medical care facility you use, as well as sending any requested information.
You may request a higher-level review if you believe that the decision made on your disability was not correct. You’ll have to submit all the details of your case to an experienced reviewer who will determine whether there an error in the original decision. This review does not contain any new evidence.