How to File a fredericksburg veterans disability attorney Disability Claim

A veteran's disability claim is a critical part of his or her benefit application. Many veterans who have their claims accepted receive additional income each month that is tax free.

It's no secret that the VA is a long way behind in processing disability claims from veterans. It can take months or even years for a determination to be made.

Aggravation

Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This kind of claim can be physical or mental. A VA lawyer who is certified can help an ex-military personnel submit an aggravated disabilities claim. A claimant must show by proving medical evidence or independent opinions, that their medical condition prior to serving was made worse by active duty.

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

In a veterans disability claim it is crucial to remember that the aggravated condition has to be different from the original disability rating. An attorney for disability can guide a former servicemember on how to present sufficient medical evidence and testimony to establish that their original health condition was not merely aggravated through military service, but actually worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has led to confusion and disagreement regarding the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Service-Connected Terms

To be eligible for benefits, they must prove that their disability or illness is connected to service. This is known as showing "service connection." For some diseases, such as ischemic heart disease, or other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD veterans have to present witnesses or lay 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 problem can be service-related if it was aggravated because of active duty and not as a natural progression of the disease. The most effective method to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service, and not the normal development of the condition.

Certain injuries and illnesses can be believed to be caused or aggravated by treatment. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Certain chronic illnesses and tropical diseases are also suspected to have been caused or worsened by military service. They include AL amyloidosis and chloracne as well as other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a process to appeal their decision on the issue of 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 the client, then you must do it on your own. This form is used to inform the VA you disagree with their decision and you would like a more thorough review of your case.

There are two routes to a more thorough review that you must carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference to the earlier decision) and either overturn or confirm the earlier decision. It is possible that you will be able not required to submit a new proof. The other option is to request an interview before an Veterans Law Judge from the Board of davenport veterans Disability law firm' Appeals in Washington, D.C.

There are many factors that go into choosing the most effective route for your appeal, and it's essential to discuss these issues with your VA-accredited attorney. They're experienced in this field and know the best option for your particular case. They also know the challenges that disabled veterans face, which makes them a better advocate for you.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened while serving in the military. But you'll have to be patient during the process of considering and deciding about your claim. You may have to wait up to 180 calendar days after filing your claim before receiving a decision.

There are a variety of factors that affect the time the VA will take to reach an assessment of 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 will also affect the time it takes to review your claim.

Another factor that could affect the length of time it takes your claim to be processed is how often you contact the VA to check on the progress of your claim. You can accelerate the process by providing all evidence as fast as you can. You should also provide specific details regarding the medical care facility you use, and providing any requested details.

You could request a higher-level review if it is your opinion that the decision made on your disability was incorrect. You'll need to provide all the details of your case to an experienced reviewer who will determine whether there an error in the initial decision. This review does not contain any new evidence.