How to File a highland park veterans disability lawsuit Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans earn tax-free earnings when their claims are accepted.

It's not secret that VA is behind in the process of processing claims for disability by veterans. It can take months, even years for a decision to be made.

Aggravation

Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim is referred to as an aggravated disability and can be either physical or mental. A VA lawyer who is competent can assist an ex-military member file an aggravated disabilities claim. The claimant must prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor's statement the veteran must also provide medical records as well as lay statements from family or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans it is crucial to remember that the condition that is aggravated must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and witness to establish that their original condition wasn't just aggravated by military service, Veterans Disability Lawyer but was also more severe than it would have been had the aggravating factor weren't present.

In order to address this issue VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

To be eligible for benefits a veteran must prove that their impairment or illness was caused by service. This is referred to as proving "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that develop as a result of specific service-connected amputations, a service connection is automatically granted. For other conditions, such as PTSD veterans have to present witnesses or lay evidence from people who knew them in the military, to link their condition to a specific incident that took place during their time in service.

A pre-existing medical condition could be service-related when it was made worse by active duty and not as a natural progression of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was caused by service and not the natural development of the disease.

Certain illnesses and injuries are presumed to have been caused or aggravated by service. These are referred to as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as different Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a procedure to appeal their decision regarding whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer will not handle this for you, then you're able to complete it on your own. This form is used by the VA to let them know that you do not agree with their decision and would like a more thorough review of your case.

There are two options available for higher-level review. Both should be carefully considered. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo review (no deference given to the decision made previously) and then either reverse or confirm the earlier decision. You could be able or not required to provide new proof. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the most appropriate route for your appeal, and it's important to discuss these with your attorney who is accredited by the VA. They'll have expertise 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, which can make them a stronger advocate for you.

Time Limits

If you have a disability that was caused or aggravated in the military, you can file a claim to receive compensation. You'll need to be patient as the VA reviews and decides on your application. It may take up to 180 days after the claim has been filed before you are given an answer.

Numerous factors can affect the time it takes for the VA to decide on your claim. How quickly your claim will be evaluated is largely determined by the amount of evidence that you submit. The location of the VA field office which will be reviewing your claim could also impact the length of time required to review.

How often you check in with the VA regarding the status of your claim can also affect the time it takes to process. You can accelerate the process by providing all evidence as fast as you can, including specific information about the medical care facility you use, and 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. You will need to submit all the facts of your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. The review doesn't include any new evidence.