How to File a oregon city veterans disability attorney Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans are eligible for tax-free income when their claims are granted.

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

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated due to their military service. This type of claim is called an aggravated impairment and can be mental or physical. A VA lawyer who is certified can help an ex-military member make an aggravated disability claim. A claimant must prove by proving medical evidence or an independent opinion, that their medical condition prior to serving was made worse by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion proving the severity of the condition prior to service. In addition to the doctor's opinion in addition, the veteran will be required to provide medical records and lay declarations from friends or family members who can attest to the severity of their pre-service conditions.

In a claim for a disability benefit for Ranson Veterans Disability Lawyer it is important to be aware that the aggravated condition must differ from the original disability rating. A disability attorney can advise the former soldier on how they can provide enough medical evidence and testimony to establish that their original condition was not just aggravated by military service, but was worse than it would have been without the aggravating factor.

In addressing this issue, VA is proposing to align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversy in the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Conditions Associated with Service

To qualify for benefits, veterans must prove their condition or disability was caused by service. This is referred to as proving "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that manifest as a result of services-connected amputations is granted automatically. For other conditions, like PTSD, veterans must provide documents or evidence from those who knew them during the military, to connect their condition to an specific incident that occurred during their service.

A pre-existing medical condition can be service-related in the case that it was aggravated because of active duty and not due to the natural progression of disease. The best method to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not just the normal progress of the condition.

Certain ailments and injuries can be presumed to be caused or aggravated due to treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic illnesses and tropical diseases are believed to have been caused or aggravated from service. They include AL amyloidosis or chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeal

The VA has a procedure for appeals to appeal their decision regarding whether or not they will grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf but if not, you can do it yourself. This form allows you to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two routes to a higher-level review and both of them are options you should take into consideration. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a review de novo (no deference to the previous decision) and either overturn or confirm the earlier decision. You may be able or not to submit new proof. Another option is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the best lane for your appeal, and it's essential to discuss these issues with your VA-accredited attorney. They're experienced in this area and will know what is the most appropriate option for your particular situation. They are also familiar with the challenges that disabled veterans face, which makes them a better advocate for you.

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 have to be patient with the process of review and deciding on your claim. It could take up to 180 days after the claim has been submitted before you get an answer.

Numerous factors can affect how long it takes the VA to determine your claim. How quickly your claim will be considered is mostly determined by the amount of evidence that you submit. The location of the VA field office which will be evaluating your claim can also influence how long it takes.

The frequency you check in with the VA regarding the status of your claim could influence the time it takes to process your claim. You can accelerate the process by making sure to submit all evidence as swiftly as you can, and providing specific information regarding the medical center you use, and sending any requested details.

You may request a higher-level review if it is your opinion that the decision you were given regarding your disability was not correct. This involves submitting all facts that exist in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. However, this review cannot include new evidence.