How to File a jeanerette veterans disability lawsuit Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans who have their claims approved receive additional monthly income that is tax free.

It's no secret that the VA is a long way behind in the process of processing disability claims for veterans. The process can take months or even years.

Aggravation

A veteran might be able get disability compensation in the event of an illness that was worsened due to their military service. This type of claim is referred to as an aggravated impairment and can be either physical or mental. A competent VA lawyer can help the former soldier to file an aggravated disability claim. A claimant needs to prove via medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

Typically the best way to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the disability of evansville veterans disability law firm. In addition to the doctor's report, the veteran must also provide medical records and statements from family members or friends who can attest to their pre-service condition.

It is essential to note in a claim to be disabled by a veteran that the conditions that are aggravated must be different from the original disability rating. A disability attorney can advise the former soldier on how to provide sufficient medical evidence and proof that their condition was not only aggravated by military service, but was 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 & 3.310. The differing language used in these provisions has caused confusion and controversy during the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To be eligible for benefits veterans must show that the disability or illness was caused by service. This is called showing "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that develop due to specific services-connected amputations is automatically granted. Veterans suffering from other conditions such as PTSD are required to provide the evidence of lay witnesses or from those who knew them during their service to establish a connection between their condition with a specific event that occurred during their military service.

A preexisting medical issue could be a result of service if it was aggravated by active duty and not caused by the natural progress of the disease. The best way to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service, and not the normal progression of the disease.

Certain illnesses and injuries are presumed to have been caused or worsened by service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are also thought to be caused or aggravated from service. These are AL amyloidosis and chloracne as well as other acne-related disorders, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however, if not, you can do it yourself. This form is used by the VA to inform them that you do not agree with their decision and would prefer a more thorough review of your case.

There are two options to request a higher level review. Both should be considered carefully. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either reverse or affirm the decision made earlier. You might or may not be able submit new evidence. You can also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these factors with your VA-accredited attorney. They will have experience in this area and will know what makes sense for your specific case. They are also well-versed in the challenges faced by disabled veterans, which makes them a better advocate for you.

Time Limits

If you have a disability that was incurred or worsened during military service, you may file a claim to receive compensation. However, you'll need patient during the process of review and deciding on your application. It could take up 180 days after the claim has been filed before you receive an answer.

There are many variables that can affect how long the VA will take to reach an assessment of your claim. The amount of evidence that you submit will play a big role in the speed at which your application is evaluated. The location of the field office that is responsible for your claim will also impact the time it takes for the VA to review your claims.

Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to check on the progress of your claim. You can help accelerate the process by submitting your evidence promptly and being specific in your address information for the medical facilities you use, and submitting any requested information as soon as it is available.

You could request a higher-level review if you believe that the decision based on your disability was wrong. You'll have to submit all the facts regarding your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. However, this review is not able to include new evidence.