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How to File a edmond veterans disability lawsuit Disability Claim

The veteran’s claim for disability is a vital component of the application process for benefits. Many veterans who have their claims approved receive an additional monthly income that is tax free.

It’s no secret that VA is behind in processing disability claims of veterans. The decision could take months or even years.

Aggravation

A veteran might be able get disability compensation in the event of the condition that was worsened due to their military service. This type of claim is called an aggravated disability and can be mental or physical. A licensed VA lawyer can assist the former soldier submit an aggravated claim. The claimant must prove either through medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the doctor’s statement the veteran should also submit medical records and the lay statements of family or friends who attest to their pre-service condition.

It is vital to remember in a veterans disability claim that the condition being aggravated has to differ from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony in order to prove that their previous condition wasn’t simply aggravated due to military service, but was also more severe than what it would have been had the aggravating factor had not been present.

VA proposes to rewrite its two “aggravation standards” in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and disagreement during the process of claiming. Particularly, the inconsistent use of phrases such as “increase in disability” and “any increase in severity” has been the source of litigation and confusion.

Service-Connected Terms

To be eligible for benefits, a veteran must prove that the cause of their condition or disability was caused by service. This is referred to as “service connection.” Service connection is granted automatically for certain conditions, such Ischemic heart disease or another cardiovascular disease that develops as a result specific amputations linked to service. fort thomas veterans disability law firm suffering from other conditions like PTSD are required to provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition to a specific event that occurred during their time in the military.

A preexisting medical problem could also be service-related when it was made worse by active duty and not by natural progression of the disease. The best way to prove this is by providing the opinion of a doctor that the ailment was due to service and not just the normal progression of the condition.

Certain injuries and illnesses are presumed to have been caused or aggravated due to service. These are referred to as “presumptive diseases.” These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as various Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or aggravated by service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details about these probable diseases.

Appeal

The VA has a procedure for appeals to appeal their decision as to whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not complete this task for you, you are able to complete it on your own. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.

There are two options for a more thorough review. Both options should be carefully considered. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference to the decision made previously) and then either reverse or affirm the earlier decision. It is possible that you will be able not required to provide new proof. The other option is to request a hearing with an Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.

There are many factors to consider when choosing the best route for your appeal, and it’s important to discuss these issues with your attorney who is accredited by the VA. They’ll have experience and know what’s best for your situation. They are also aware of the difficulties that disabled veterans face and can help them become more effective advocates for you.

Time Limits

You can claim compensation if you have a disability that you acquired or worsened while serving in the military. However, you’ll need to be patient with the VA’s process for reviewing and deciding on your claim. It could take up 180 days after the claim has been filed before you get an answer.

Many factors affect the time it takes for VA to decide on your claim. How quickly your claim will be considered is mostly determined by the volume of evidence you submit. The location of the field office that handles your claim can also influence how long it takes for the VA to review your claim.

How often you check in with the VA to see 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. You should also provide specific details regarding the medical care facility you use, as well as providing any requested information.

You can request a more thorough review if you believe the decision based on your disability was not correct. You will need to submit all the facts of your case to an experienced reviewer who will determine whether there an error in the original decision. This review doesn’t contain any new evidence.