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How to File a norman veterans disability law firm Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans get tax-free income when their claims are granted.

It's no secret that VA is behind in processing veteran disability claims. The process can take months or even years.

Aggravation

A veteran may be able to receive compensation for disability due to a condition that was worsened by their military service. This type of claim can be physical or mental. A licensed VA lawyer can help a former servicemember submit an aggravated claim. A claimant has to prove through medical evidence or independent opinions, that their medical condition prior to service was aggravated by active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to a doctor's statement in addition, the veteran will have to submit medical records and lay assertions from family or friends who can testify to the severity of their pre-service condition.

When a claim for disability benefits from veterans it is important to keep in mind that the aggravated condition has to differ from the original disability rating. A disability lawyer can guide the former service member on how they can provide enough medical evidence and testimony to prove that their original condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and disagreement during the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Conditions

To be eligible for benefits, they must show that their disability or illness is related to service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular diseases that arise because of specific amputations linked to service. Veterans with other conditions like PTSD are required to provide witness testimony or lay evidence from those who knew them during their time in the military to connect their condition to a specific incident that occurred during their military service.

A pre-existing medical condition can be a service-related issue in the case that it was aggravated because of active duty and not as a natural progression of disease. The most effective way to prove this is by providing the opinion of a doctor that the aggravation was due to service, and not the normal development of the condition.

Certain ailments and injuries can be thought to be caused or aggravated by service. They are known as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and numerous Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been aggravated or caused by military service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeal

The VA has a process to appeal their decision regarding whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your lawyer who is accredited by the VA does not do this for you, then you can do it on your own. This form allows you to inform the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

There are two options available for a higher level review. Both options should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and either overturn or affirm the decision made earlier. You may or not be allowed to submit new evidence. The other option is to request a hearing with an youngstown veterans disability attorney Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these factors with your VA-accredited lawyer. They will have experience and know what is best for your situation. They also know the issues that disabled veterans face and can be a stronger advocate on your behalf.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened in the military, you can file a claim to receive compensation. But you'll need to be patient with the VA's process for review and deciding on your application. You may have to wait up to 180 calendar days after filing your claim before receiving an answer.

Many factors affect the time it takes for VA to determine your claim. The amount of evidence you provide will play a big role in the speed at which your application is reviewed. The location of the field office that is responsible for your claim can also influence the time it will take for the VA to review your claim.

How often you check in with the VA on the status of your claim could influence the time it takes to finish the process. You can help accelerate the process by submitting evidence as soon as possible by being specific with your details regarding the address of the medical facilities you utilize, and providing any requested information immediately when it becomes available.

You can request a higher level review if it is your opinion that the decision based on your disability was wrong. You must submit all of the facts about your case to an experienced reviewer, who can determine whether there an error in the original decision. However, this review cannot include new evidence.