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

How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans disability law firm get tax-free income when their claims are granted.

It's no secret that the VA is way behind in the process of processing disability claims for veterans. A decision can take months or even years.

Aggravation

A veteran could be eligible get disability compensation in the event of the condition that was caused by their military service. This type of claim can be either mental or physical. A licensed VA lawyer can help former service members submit an aggravated claim. A claimant has to prove, veterans disability lawyer through medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to a physician's declaration the veteran will also have to submit medical records and lay assertions from friends or family members who can testify to the severity of their pre-service condition.

When a claim for disability benefits from veterans, it is important to be aware that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can guide an ex-servicemember on how to provide the proper medical evidence and proof that their condition was not only caused through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy during the process of making claims. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

To be eligible for benefits, a veteran must prove that the cause of their health or disability was caused by service. This is known as proving "service connection." For certain diseases, such as Ischemic heart disease and other cardiovascular diseases that develop due to specific service-connected amputations, veterans disability Lawyer service connection is granted automatically. For other conditions, like PTSD veterans are required to provide witnesses or lay evidence from people who knew them in the military, in order to connect their condition to an specific incident that occurred during their service.

A pre-existing medical issue can be service-related when it was made worse because of active duty, and not the natural progression of the disease. The best method to establish this is by submitting a doctor's opinion that states that the ailment was due to service, and not the normal progression of the disease.

Certain illnesses and injuries may be believed 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 exposure to radiation in prisoner of war, and different Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information regarding these presumptive diseases.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer will not handle this for you, then you can complete it on your own. 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 ways to get an upper-level review and both of them are options you should take into consideration. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or uphold the decision. You may be required or not to submit new proof. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss these issues with your lawyer who is accredited by the VA. They're experienced in this field and know what is the most appropriate option for your particular situation. They also know the challenges faced by disabled Veterans Disability Lawyer and can be an ideal advocate for you.

Time Limits

If you have a disability that was caused or aggravated during military service, you can file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your claim. It could take as long as 180 days after the claim has been filed before you are given an answer.

Many factors can influence the time it takes for VA to consider your claim. The speed at which your application will be considered is mostly determined by the quantity of evidence you submit. The location of the VA field office which will be evaluating your claim will also affect the time it takes to review your claim.

How often you check in with the VA on the status of your claim can affect the length of time it takes to finish the process. You can accelerate the process of filing a claim by providing all evidence as fast as you can, including specific information about the medical center you use, as well as sending any requested details.

If you believe there has been an error in the decision made regarding your disability, you can request a higher-level review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine whether there was an error in the original decision. This review does not include any new evidence.