10 Tell-Tale Signs You Need To Get A New Veterans Disability Lawyer

How to File a rochester hills veterans disability lawsuit Disability Claim

The claim of a disabled veteran is a crucial part of submitting an application for benefits. Many veterans are eligible for tax-free income after their claims are approved.

It's not a secret that the VA is a long way behind in processing disability claims made by daly city veterans disability lawyer (view vimeo.com). It can take months or Daly City Veterans Disability Lawyer even years for a decision to be made.

Aggravation

A veteran could be eligible to claim disability compensation for the condition that was made worse by their military service. This type of claim is referred to as an aggravated disability and can be either physical or mental. A qualified VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to a doctor's statement the veteran will have to submit medical records and lay statements from family members or friends who are able to confirm the severity of their pre-service conditions.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the initial disability rating. A disability attorney can advise a former servicemember on how they can provide enough medical evidence and proof that their original health condition was not merely aggravated by military service, but was worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has caused confusion and disagreement regarding the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To qualify for benefits, veterans must show that the cause of their condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop because of specific amputations connected to service. Veterans suffering from other conditions like PTSD, must provide lay testimony or evidence from those who knew them during their service to establish a connection between their condition to an specific incident that occurred during their time in the military.

A preexisting medical condition may be a result of service if it was aggravated by active duty and not due to the natural progress of the disease. The most effective way to prove this is by providing the opinion of a doctor that the ailment was due to service and not the normal progression of the condition.

Certain ailments and injuries are presumed to have been caused or aggravated by the 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 illnesses and tropical diseases are thought to be resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information regarding these presumptive diseases.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not handle this for the client, then you must 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 an additional level review. Both options should be considered carefully. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will perform an in-person (no consideration of previous decisions) review and either reverse the earlier decision or confirm the decision. You may or may not be able submit new evidence. The alternative is to request an appointment before an deltona veterans disability attorney Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these issues with your lawyer who is accredited by the VA. They have experience and know what is best for your case. They are also aware of the challenges faced by disabled veterans and can be an effective advocate on your behalf.

Time Limits

If you suffer from a condition that was acquired or worsened in the military, you may file a claim to receive compensation. You'll need to wait as the VA examines and decides on your claim. It could take as long as 180 days after the claim has been filed before you receive an answer.

There are many factors that affect the time the VA will take to reach a decision on your claim. How quickly your application will be considered is mostly determined by the amount of evidence that you submit. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.

Another factor that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can help speed up the process by submitting evidence as soon as you can, being specific in your address details for the medical care facilities you use, and submitting any requested information as soon as it is available.

You could request a higher-level review if it is your opinion that the decision made on your disability was incorrect. You'll need to provide all the details of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. But, this review will not include new evidence.