Dulcie Argueta asked 3 hónap ago
How to File a Veterans Disability Claim
The veteran’s claim for disability is a key part of the application for benefits. Many menomonie veterans disability law firm who have their claims approved receive a monthly income that is tax free.
It’s no secret that VA is behind in the processing of claims for disability from pacific veterans disability lawsuit. It could take months, even years for a determination to be made.
Aggravation
A veteran could be eligible to receive compensation for disability due to an illness that was caused by their military service. This type of claim is known as an aggravated disability. It could be mental or physical. A VA lawyer who is certified can help a former military member make an aggravated disability claim. A claimant needs to prove by proving medical evidence or independent opinions, that their condition prior to service was made worse by active duty.
A doctor who is an expert on the veteran’s disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to a physician’s declaration the veteran will also need to submit medical records and lay assertions from family or friends who can confirm 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 different from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and witness to prove that their original condition wasn’t simply aggravated due to military service but was also more severe than it would have been if the aggravating factor wasn’t present.
In addressing this issue VA is proposing to align the two „aggravation” standards within its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversies regarding the claims process. The inconsistent use of terms such as „increased disability” and „any increased severity” have been the root of litigation.
Service-Connected Conditions
To be eligible for benefits a veteran must prove that the cause of their disability or illness was caused by service. This is referred to as „service connection.” For some conditions, like Ischemic heart disease and other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is granted automatically. Veterans suffering from other ailments like PTSD, must provide lay testimony or evidence from those who were their friends during their time in the military to connect their condition to a specific event that occurred during their time in the military.
A pre-existing medical condition could be a service-related issue in the event that it was aggravated by active duty and not just the natural progression of disease. The most effective method to prove this is by providing the doctor’s opinion that the aggravation was due to service and not just the normal progression of the disease.
Certain illnesses and injuries are believed to have been caused or aggravated due to service. These are called „presumptive diseases.” This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be resulted or aggravated by military service. These are AL amyloidosis or chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, visit here.
Appeal
The VA has a system for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not do this for the client, then you must complete it on your own. This form is used by the VA to let them know that you disagree with their decision, and would like a more thorough review of your case.
There are two paths to a higher-level review, both of which you should take into consideration. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no consideration of previous decisions) review and either reverse the earlier decision or maintain the decision. You may or may not be allowed to submit new evidence. The other path is to request a hearing before 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 specific case. They also understand the challenges faced by disabled veterans, which can make them an effective advocate for you.
Time Limits
If you have a disability that was caused or aggravated during military service, then you may file a claim to receive compensation. But you’ll have to be patient when it comes to the VA’s process of reviewing and deciding on your claim. It could take up 180 days after the claim has been filed before you receive an answer.
Many factors can influence the time it takes for VA to determine your claim. The amount of evidence submitted will play a significant role in how quickly your claim is evaluated. The location of the field office responsible for your claim will also impact how long it takes for the VA to review your claim.
The frequency you check in with the VA to see the status of your claim could affect the time it takes to complete the process. You can speed up the process by making sure to submit all evidence as swiftly as you can, vimeo.com including specific details regarding the medical facility you use, and sending any requested details.
If you think there has been an error in the decision made regarding your disability, then you can request a more thorough review. You must submit all of the facts about your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. This review does not include any new evidence.
