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How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans earn tax-free earnings when their claims are granted.

It's no secret that the VA is a long way behind in processing disability claims for veterans. A decision can take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A licensed VA lawyer can help former service members to file an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

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

It is important to note in a veterans disability claim that the condition being aggravated has to be different from the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how to present sufficient medical evidence and testimony to establish that their original condition was not only aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and controversy during the process of making claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Conditions that are associated with Service

To be eligible for benefits, a veteran must prove that the impairment or illness was caused by service. This is called showing "service connection." For some conditions, like ischemic heart disease, or lexington veterans disability law Firm other cardiovascular diseases that manifest because of services-connected amputations is granted automatically. For other conditions, like PTSD veterans have to present the evidence of laypeople or people who were close to them in the military, in order to connect their condition to a specific incident that occurred during their time in service.

A pre-existing medical problem can be service-related in the case that it was aggravated due to active duty service and not just the natural progression of the disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was due to service, and not the natural development of the disease.

Certain injuries and Lauderdale Lakes Veterans Disability Law Firm illnesses may be believed to be caused or aggravated due to 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 also thought to be caused or worsened by military service. They include AL amyloidosis, chloracne or other acneform diseases and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you're able to do it on your own. This form is used by the VA to inform them that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two options to request a more thorough review. Both should be considered carefully. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or confirm the decision. It is possible that you will be able not to submit new proof. You may also request an appearance before a unionville veterans disability attorney Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your lawyer who is accredited by the VA. They'll have expertise in this field and know what is the most appropriate option for your particular case. They also know the difficulties faced by disabled newcastle veterans disability Lawyer and can be an ideal advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that was acquired or worsened while serving in the military. However, you'll need to be patient when it comes to the process of reviewing and deciding on your application. It could take up 180 days after the claim has been submitted before you get a decision.

There are many factors which can impact the length of time the VA is able to make an decision on your claim. How quickly your claim will be considered is mostly determined by the amount of evidence you have submitted. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.

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

If you believe there was a mistake in the decision made regarding your disability, you may request a more thorough review. You'll have to submit all the facts of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. However, this review can't include new evidence.