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How to File a butner veterans disability lawsuit Disability Claim

The veteran's claim for disability is a key part of submitting an application for benefits. Many veterans receive tax-free income after their claims are approved.

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

Aggravation

Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim could be physical or mental. A VA lawyer who is qualified can help an ex-military personnel submit an aggravated disabilities claim. A claimant has to prove through medical evidence or an independent opinion, that their medical condition prior to service was aggravated by active duty.

Typically the best way to prove that a pre-service condition was aggravated is through an independent medical opinion from a physician who specializes in the condition of the veteran. In addition to the physician's statement, the veteran must also provide medical records as well as statements from relatives or friends who can attest to their pre-service condition.

It is important to note in a veterans disability claim that the conditions that are aggravated must be different from the initial disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony in order to prove that their previous condition wasn't only aggravated by military service, but was also more severe than it would have been if the aggravating factor wasn't present.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and controversies during the process of filing claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions of Service

In order for a veteran to be eligible for benefits, they must prove that their condition or illness is linked to service. This is called showing "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular diseases that develop as a result specific amputations linked to service. Veterans suffering from other ailments like PTSD are required to provide lay testimony or lay evidence from people who were close to them during their service to link their condition to an specific event that occurred during their military service.

A preexisting medical problem could also be service-related in the event that it was aggravated by active duty and not by natural progress of the disease. It is recommended to present an explanation from a doctor that the aggravation of the condition was due to service, and not the natural progression of the disease.

Certain illnesses and injuries are believed to be caused or aggravated by the service. These are referred to as "presumptive diseases." They include exposure to Agent Orange 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 illnesses are assumed to have been aggravated or caused by military service. These include AL amyloidosis, chloracne or other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information regarding these presumptive diseases.

Appeals

The VA has a process to appeal their decision as to the issue of whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf however if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.

There are two options available for a higher level review. Both should be carefully considered. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review is given to the previous decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not required to submit a new proof. The alternative is to request an interview before a maple Grove veterans disability attorney Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best route for your appeal, and it's important to discuss these with your attorney who is accredited by the VA. They will have experience in this field and know what makes the most sense for your specific case. They are also aware of the challenges faced by disabled veterans and can help them become more effective advocates for you.

Time Limits

If you have a disability which was created or worsened during military service, then you can file a claim to receive compensation. However, you'll need patient with the process of taking a look at and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before you receive a decision.

There are many factors that affect the time the VA will take to reach an decision on your claim. The amount of evidence that you submit will play a significant role in how quickly your application is considered. The location of the field office that is responsible for your claim will also impact the time it will take for the VA to review your claims.

How often you check in with the VA to see the status of your claim could also affect the time it takes to process. You can accelerate the process by submitting evidence whenever you can, being specific in your address information for the medical facilities you use, and submitting any requested information immediately when it becomes available.

If you believe there was a mistake in the decision made regarding your disability, you are able to request a more thorough review. This means that you submit all the existing facts in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review cannot contain new evidence.