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How to File a hammonton Veterans disability lawyer Disability Claim

The claim of a veteran for disability is a crucial part of the application for benefits. Many veterans get tax-free income when their claims are approved.

It’s not a secret that VA is behind in processing veteran disability claims. It can take months, even years for a decision to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim is known as an aggravated impairment and can be either physical or mental. A licensed VA lawyer can help the former service member file an aggravated disability claim. A claimant needs to prove, through medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert doctor who is specialized in the veteran’s disability. In addition to the doctor’s opinion, the veteran will also require medical records and lay statements from family or friends who can testify to the severity of their pre-service conditions.

In a claim for disability benefits for marshfield veterans disability law firm it is crucial to keep in mind that the condition being aggravated has to differ from the original disability rating. A disability lawyer can guide an ex-servicemember on how to provide the proper medical evidence and testimony to prove that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to change the two “aggravation” standards in its regulations – 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and controversies regarding the claims process. The inconsistent use of phrases such as “increased disability” and “any increased severity” have been the root of litigation.

Conditions that are associated with Service

To be eligible for benefits, veterans must prove his or her disability or illness was caused by service. This is referred to as “service connection.” For some ailments, like ischemic heart disease, or other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is automatically granted. Veterans with other conditions like PTSD need to provide the evidence of lay witnesses or from people 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 condition may also be service-related when it was made worse by active duty and not caused by the natural progress of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was caused by service, not just the natural progression of the disease.

Certain ailments and injuries are presumed to have been caused or aggravated due to service. They are known as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are also presumed to have been caused or worsened 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. For more details on these presumptive conditions, visit here.

Appeal

The VA has a procedure for appeals for appealing their decision on whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your lawyer is certified by VA and does not take this step for you, you are able to do it yourself. This form is used by the VA to let them know that you disagree with their decision, and you would like a higher-level review of your case.

There are two options for higher-level review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review of previous decisions) review and either overturn the earlier decision or maintain the decision. You could or might not be allowed to submit new evidence. The other path is to request an interview with a northwoods veterans disability law firm Law Judge from the Board of Veterans’ Appeals in Washington, D.C.

There are many factors to consider when choosing the most effective route for your appeal, so it’s essential to discuss these with your attorney who is accredited by the VA. They will have experience in this field and know what makes the most sense for your particular case. They are also well-versed in the challenges that disabled veterans face which makes them more effective advocates for you.

Time Limits

If you have a disability which was created or worsened during military service, then you can file a claim to receive compensation. You’ll need to wait while the VA examines and decides on your application. You may have to wait up to 180 calendar days after filing your claim to receive a decision.

Many factors influence the time it takes for VA to make a decision on your claim. The speed at which your application will be evaluated is largely determined by the quantity of evidence that you submit. The location of the field office handling your claim will also affect the time it takes for the VA to review your claims.

How often you check in with the VA on the status of your claim can affect the length of time it takes to process your claim. You can speed up the process by providing evidence as soon as possible and by providing specific information regarding the addresses of the medical facilities you use, and sending any requested information as soon as it’s available.

If you believe there was an error in the decision made regarding your disability, you are able to request a higher-level review. You must submit all the details of your case to a knowledgeable reviewer, who will decide whether there an error in the initial decision. But, this review will not include new evidence.