Mitzi Donohoe спросил 5 месяцев назад
How to File a Veterans Disability Claim
The claim of disability for a veteran is a crucial part of the application for benefits. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It’s no secret that VA is behind in the process of processing claims for disability by veterans. The process can take months or even years.
Aggravation
Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This kind of claim is known as an aggravated impairment and can be mental or physical. A VA lawyer who is qualified can assist an ex-military personnel submit an aggravated disabilities claim. A claimant must show by proving medical evidence or an independent opinion, that their pre-service medical condition was aggravated due to active duty.
A doctor who is an expert on the disability of the veteran can offer an independent medical opinion which will prove the severity of the pre-service condition. In addition to a doctor’s report, the veteran will also be required to provide medical records and lay assertions from family or friends who can confirm the severity of their pre-service conditions.
It is important to note in a claim to be disabled by a veteran that the aggravated condition must be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and witness to prove that their previous condition wasn’t only aggravated due to military service but was also more severe than what it would have been if the aggravating factor wasn’t present.
VA proposes to realign its two «aggravation standards» in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these regulations has led to confusion and controversy in the process of claiming. The inconsistent use of words such as «increased disability» and «any increased severity» have been the cause of litigation.
Conditions that are associated with Service
To qualify a veteran for benefits, they must demonstrate that their disability or illness is linked to service. This is known as showing «service connection.» For certain conditions, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific Amputations that are connected to service, the service connection is automatically granted. Veterans with other conditions, like PTSD are required to provide lay testimony or lay evidence from people who knew them during their service to establish a connection between their condition to an specific incident that occurred during their military service.
A preexisting medical condition could be a result of service if it was aggravated by their active duty service and not through natural progress of the disease. The best way to prove this is by providing a doctor’s opinion that states that the ailment was due to service and not just the normal progression of the condition.
Certain injuries and illnesses may be thought to be caused or aggravated due to treatment. They are known as «presumptive illnesses.» This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are also thought to be caused or worsened by military service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.
Appeal
The VA has a process for appealing their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. If your lawyer who is accredited by the VA does not do this for you, then you’re able to do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.
There are two options to request a more thorough review. Both should be carefully considered. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no consideration of previous decisions) review and either overturn the previous decision or affirm it. You may be able or not required to provide new proof. The other path is to request an appointment before an Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.
It’s important to discuss these issues with your VA-accredited lawyer. They will have experience and will know the best route for your situation. They also know the challenges faced by disabled hitchcock veterans disability lawyer, which makes them an effective advocate for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened during your time in the military. You’ll need to be patient while the VA evaluates and makes a decision on your application. You could have to wait up to 180 calendar days after filing your claim before you get a decision.
There are many factors that influence how long the VA takes to make an informed decision on your claim. The amount of evidence you submit is a significant factor in the speed at which your application is considered. The location of the VA field office who will review your claim could also impact the length of time required to review.
Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can speed up the claim process by providing all evidence as fast as you can, and Vimeo providing specific details regarding the medical facility you use, and providing any requested information.
If you believe there has been an error in the determination of your disability, you are able to request a more thorough review. This involves submitting all evidence in your case to an experienced reviewer who will determine if there was an error in the original decision. The review doesn’t include any new evidence.