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How to File a Chatham Veterans Disability Lawyer (Https://Vimeo.Com) Disability Claim

The claim of a veteran for disability is a key part of the application for benefits. Many veterans who have their claims approved receive an additional monthly income that is tax-free.

It's not secret that VA is behind in processing disability claims of veterans. It could take months, even years for a determination to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim could be mental or physical. A qualified VA lawyer can help the former service member make an aggravated disability claim. A claimant must demonstrate, through medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically the best way to demonstrate that a pre-service condition was aggravated is through an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to a doctor's report the veteran will also be required to provide medical records and lay declarations from family members or friends who can confirm the seriousness of their pre-service ailments.

In a claim for a disability benefit for veterans it is essential to keep in mind that the aggravated condition has to be distinct from the initial disability rating. A disability attorney can advise an ex-servicemember on how to present sufficient medical evidence and evidence to show that their condition was not only aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to revise 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 controversies during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

To qualify a veteran for benefits, they must prove that their condition or illness is linked to service. This is known as "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is automatically granted. Veterans with other conditions such as PTSD, must provide the evidence of lay witnesses or from those who were their friends during their time in the military to connect their condition to an specific event that occurred during their military service.

A pre-existing medical condition could be a service-related issue if it was aggravated due to active duty service, and not the natural progression of disease. The best way to prove this is by providing the opinion of a doctor that the ailment was due to service and not the normal progress of the condition.

Certain injuries and illnesses are presumed to have been caused or aggravated by the service. They are known 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. Some chronic diseases and tropical diseases are suspected to have been caused or aggravated from service. They include AL amyloidosis or chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you can do it yourself. This form allows you to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two paths to an upscale review that you should take into consideration. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either reverse or affirm the earlier decision. You may be able or not to submit new proof. You can also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the most appropriate route for your appeal, so it's crucial to discuss these issues with your VA-accredited attorney. They're experienced and know what's best for your case. They are also aware of the difficulties that disabled liberty veterans disability lawyer face which makes them a stronger advocate for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened while serving in the military. However, you'll need patient with the VA's process for review and deciding on your application. It could take up to 180 calendar days after filing your claim before receiving a decision.

Numerous factors can affect how long it takes the VA to make a decision on your claim. How quickly your application will be considered is mostly determined by the amount of evidence you provide. The location of the field office that is responsible for your claim will also affect the time it will take for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim can affect the length of time it takes to complete the process. You can speed up the process by submitting your evidence as soon as possible by being specific with your address details for the medical care facilities that you use, and sending any requested information as soon as it is available.

If you believe there has been an error in the decision made regarding your disability, you are able to request a more thorough review. This involves submitting all the facts that exist in your case to an experienced reviewer who will determine whether there was an error in the original decision. This review doesn't contain any new evidence.