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How to File a roma veterans disability lawyer Disability Claim

The claim of a disabled veteran is a vital part of the application for benefits. Many colusa veterans disability attorney who have their claims accepted receive an additional monthly income which is tax-free.

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

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is referred to as an aggravated impairment and can be mental or physical. A VA lawyer who is qualified can help a former military member to file a claim for aggravated disabilities. A claimant must show through medical evidence or independent opinions that their medical condition prior to service was aggravated through active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to the doctor’s opinion the veteran will also need to submit medical records and lay assertions from family members or friends who can testify to the extent of their pre-service injuries.

In a claim for disability benefits for veterans it is crucial to be aware that the aggravated condition must differ from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to establish that their original condition wasn’t simply aggravated by military service, but that it was more severe than it would have been had the aggravating factor had not been present.

In order to address this issue VA is proposing to change the two “aggravation” standards within its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and disagreement in the process of claiming. Particularly, the inconsistent usage of terms such as “increase in disability” and “any increase in severity” is the cause of litigation and uncertainty.

Service-Connected Terms

For a veteran to qualify for benefits, they have to prove that their disability or illness is related to service. This is referred to as proving “service connection.” Service connection is automatically granted for certain conditions, like Ischemic heart diseases and other cardiovascular diseases that arise due to specific amputations that are connected to service. For other conditions, such as PTSD the silverton veterans disability lawsuit must present documents or evidence from those who knew them during the military, in order to connect their illness to a specific incident that took place during their time of service.

A pre-existing medical issue can be a service-related issue in the case that it was aggravated by active duty and not just the natural progression of disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was caused by service, not just the natural progress of the disease.

Certain injuries and illnesses may be thought to be caused or aggravated due to service. These are called “presumptive diseases.” These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of War, and different Gulf War conditions. Some chronic diseases and tropical illnesses are thought to be aggravated or caused 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 presumptive illnesses.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer who is accredited by the VA does not take this step for the client, then you must do it yourself. This form is used by the VA to let them know that you disagree with their decision, and would prefer a more thorough review of your case.

There are two options for a more thorough review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the previous decision) and either reverse or uphold the earlier decision. You may be required or not required to submit a new proof. Another option is to request an appointment with an Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C.

It is important to discuss all of these factors with your VA-accredited lawyer. They’ll have expertise in this area and will know what makes sense for your particular case. They also know the challenges faced by disabled veterans and can be a better advocate for you.

Time Limits

If you have a disability that was acquired or worsened during military service, then you could file a claim in order to receive compensation. However, you’ll need to be patient when it comes to the process of taking a look at and deciding on your application. You may need to wait up to 180 calendar days after submitting your claim before receiving a decision.

There are a variety of factors that influence how long the VA will take to reach an decision on your claim. How quickly 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 can also impact how long it takes.

The frequency you check in with the VA regarding the status of your claim can influence the time it takes to process your claim. You can help speed up the process by submitting your evidence promptly, being specific in your information regarding the addresses of the medical care facilities you use, and sending any requested information as soon as it’s available.

If you believe that there was a mistake in the determination of your disability, you are able to request a higher-level review. This requires you to submit all facts that exist in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review cannot include any new evidence.