Summer Remington asked 3 hónap ago
How to File a hasbrouck heights veterans disability lawsuit Disability Claim
A veteran’s disability claim is an essential part of their benefit application. Many veterans who have their claims approved receive additional monthly income which is tax-free.
It’s no secret that VA is behind in the processing of claims for disability from veterans. It can take months, even years, for a final decision to be made.
Aggravation
A veteran could be eligible get disability compensation in the event of a condition made worse by their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A skilled VA lawyer can help the former service member make an aggravated disability claim. A claimant needs to prove by proving medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
A physician who is an expert on the veteran’s disability can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to the physician’s statement, the veteran must also provide medical records as well as the lay statements of family or friends who attest to their pre-service condition.
It is important to note in a claim to be disabled by a veteran that the condition being aggravated has to be different than the original disability rating. A disability lawyer can guide the former soldier on how to present sufficient medical evidence and evidence to show that their condition was not just aggravated by 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 language of these provisions has caused confusion and debate regarding the claims process. The inconsistent use of phrases such as „increased disability” and „any increased severity” have been the source of litigation.
Service-Connected Terms
To be eligible for benefits, the veteran must prove that his or her condition or disability was caused by service. This is known as „service connection.” For some conditions, like ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is automatically granted. Veterans suffering from other conditions like PTSD, must provide lay testimony or lay evidence from people who were close to them during their time in service to connect their condition to a specific event that occurred during their military service.
A pre-existing medical condition can be a result of service if it was aggravated by active duty and not just the natural progression of disease. The best way to establish this is by submitting a doctor’s opinion that states that the aggravation was due to service and not the normal progress of the condition.
Certain ailments and injuries are believed to be caused or aggravated by service. These are called „presumptive diseases.” These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in 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 acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For Vimeo more details on these probable conditions, click here.
Appeals
The VA has a system for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney will likely make this filing on your behalf but if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and you would like a higher-level review of your case.
There are two options for higher-level review. Both should be carefully considered. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no review is given to prior decisions) review and either reverse the earlier decision or uphold it. You may or not be allowed to submit new evidence. Another option is to request a hearing with a Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C.
It is important to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience in this field and know the best option for your particular case. They also know the issues that disabled wetumpka veterans disability lawsuit face which makes them a stronger advocate for you.
Time Limits
If you suffer from a disability which was created or worsened during your military service, you could file a claim in order to receive compensation. But you’ll need to be patient when it comes to the VA’s process for taking a look at and deciding on your claim. It may take up to 180 days after your claim is submitted before you get an answer.
Many factors influence the time it takes for VA to make a decision on your claim. The amount of evidence submitted will play a significant role in how quickly your claim is considered. The location of the VA field office which will be evaluating your claim can also influence the length of time it takes.
How often you check in with the VA on the status of your claim can influence the time it takes to process your claim. You can accelerate the process by submitting proof whenever you can and by providing specific information regarding the addresses of the medical facilities you use, and submitting any requested information when it becomes available.
If you believe there has been a mistake in the decision regarding your disability, you may request a more thorough review. This involves submitting all facts that exist in your case to a senior reviewer who can determine whether there was a mistake in the original decision. This review doesn’t contain any new evidence.
