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10 Facts About Veterans Disability Lawyer That Will Instantly Put You In An Upbeat Mood

Hỏi và trả lờiDanh mục đơn: Giải đáp du học Nhật Bản10 Facts About Veterans Disability Lawyer That Will Instantly Put You In An Upbeat Mood
Elva Wilding hỏi 4 ngày trước

How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial component of the application process for benefits. Many veterans receive tax-free income when their claims are approved.

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


Veterans could be qualified for disability compensation if their condition was aggravated due to their military service. This type of claim may be physical or mental. A qualified VA lawyer can help the former soldier submit an aggravated claim. A claimant must demonstrate via medical evidence or independent opinions that their pre-service condition was made worse 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 physician’s statement, the veteran must also provide medical records as well as statements from relatives or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans it is important to be aware that the condition being aggravated has to differ from the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how to provide sufficient medical evidence and proof that their original condition was not only aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA proposes to re-align the two “aggravation” standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and debate in the claims process. The inconsistent use of words such as “increased disability” and “any increased severity” have been the root of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they must demonstrate that their illness or disability is related to service. This is referred to as “service connection.” For certain ailments, like Ischemic heart disease and other cardiovascular diseases that arise as a result of specific services-connected amputations is automatically granted. For other conditions, such as PTSD veterans have to present the evidence of laypeople or those who knew them during the military, to connect their illness to a specific incident that occurred during their time of service.

A preexisting medical condition may be service-related in the case that it was aggravated by active duty and not caused by the 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 just the normal progression of the condition.

Certain illnesses and injuries are believed to have been caused or aggravated by the service. They are known as “presumptive illnesses.” This includes exposure to Agent Orange in Vietnam and Korea ridgeland veterans disability lawyer radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or triggered by service. These include AL amyloidosis or chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these probable diseases.


The VA has a process to appeal their decision regarding whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you’re able to complete the process on your own. This form is used to inform the VA that you are not satisfied with their decision and that you’d like a higher-level analysis of your case.

There are two options to request a more thorough review. Both should be carefully considered. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will perform a de novo (no consideration is given to prior decisions) review and either reverse the earlier decision or maintain it. You may be required or not be required to present new evidence. You can also request a hearing before an la habra veterans disability lawyer Law judge at the Board of Veterans’ Appeals, Washington D.C.

It is crucial to discuss all of these issues with your lawyer who is accredited by the VA. They’re experienced in this area and will know what is the most appropriate option for your particular case. They are also familiar with the challenges that disabled veterans face which makes them an ideal advocate for you.

Time Limits

If you suffer from a disability that was caused or aggravated in the military, you can file a claim to receive compensation. You’ll need to wait while the VA reviews and decides on your claim. It could take as long as 180 days after the claim has been filed before you get a decision.

Numerous factors can affect the time it takes for the VA to decide on your claim. The amount of evidence you provide is a significant factor in how quickly your application is evaluated. The location of the field office responsible for your claim can also influence how long it takes for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim could affect the length of time it takes to process your claim. You can speed up the process by sending all documentation as quickly as you can, and providing specific information regarding the medical facility you use, as well as sending any requested details.

You could request a higher-level review if it is your opinion that the decision based on your disability was not correct. This means that you submit all the facts that exist in your case to an expert reviewer who can determine whether there was a mistake in the original decision. This review doesn’t contain any new evidence.

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