How to File a moberly veterans disability lawsuit Disability Claim

The claim of a disabled veteran is an important element of the application for benefits. Many veterans who have their claims accepted receive an additional monthly income which is tax-free.

It's no secret that VA is behind in processing veteran disability claims. It can take months or even years, for a final decision to be made.

Aggravation

A veteran might be able to receive disability compensation for a condition that was worsened by their military service. This type of claim is known as an aggravated impairment and can be either physical or mental. A VA lawyer who is qualified can assist a former military member to file a claim for aggravated disabilities. The claimant must demonstrate through medical evidence or independent opinions that their medical condition prior to service was aggravated by active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion proving the severity of the pre-service illness. In addition to the doctor's statement the veteran is required to submit medical records and statements from family members or friends who 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 lawyer can help former service members provide the necessary medical evidence and testimony to prove that their original condition wasn't merely aggravated due to military service but it was worse than it would have been if the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these provisions has caused confusion and controversies during the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Service-Connected Conditions

To be eligible for benefits the veteran must prove that his or her impairment or illness was caused by service. This is known as showing "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is granted automatically. Veterans suffering from other conditions like PTSD, must provide lay testimony or evidence from people who were close to them during their time in the military to connect their condition with a specific incident that occurred during their time in the military.

A preexisting medical problem could be a result of service if it was aggravated through active duty and not by natural progress of the disease. It is best to provide a doctor's report that explains that the aggravation of the condition was due to service, and not the natural progression.

Certain injuries and illnesses can be presumed to be caused or aggravated due to treatment. These are referred to as "presumptive diseases." This includes exposure to Agent port orange veterans disability lawyer for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing 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 want a higher level review of your case.

You have two options for a more thorough review. Both should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either overturn the earlier decision or Vimeo.Com uphold it. You might or may not be able submit new evidence. You may also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these issues with your lawyer who is accredited by the VA. They will have experience in this field and know what makes the most sense for your particular situation. They are also aware of the difficulties faced by disabled veterans which makes them an ideal advocate for you.

Time Limits

If you suffer from a condition that was acquired or worsened during your military service, you may file a claim to receive compensation. However, you'll need patient during the process of considering and deciding about your application. It could take up 180 days after your claim is filed before you get a decision.

Many factors can influence the time it takes for VA to make a decision on your claim. How quickly your application will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office which will be reviewing your claim could also impact the length of time required to review.

Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check on its progress. You can speed up the claim process by submitting all evidence as quickly as possible, providing specific details regarding the medical facility you use, as well as sending any requested details.

You can request a higher level review if you feel that the decision you were given regarding your disability was incorrect. You will need to submit all of the facts about your case to a knowledgeable reviewer who will determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.