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How to File a veterans disability attorneys Disability Claim

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

It's not secret that VA is behind in the processing of claims for disability from veterans. A decision can take months or even years.

Aggravation

A veteran might be able get disability compensation in the event of a condition caused by their military service. This type of claim can be either mental or physical. A skilled VA lawyer can help former service members make an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the most effective method to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the veteran's disability. In addition to the physician's statement, the veteran must also provide medical records as well as statements from family members or friends who can attest to their pre-service condition.

It is vital to remember in a claim to be disabled by a veteran that the condition being aggravated has to be different from the initial disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimonies to establish that their original condition wasn't merely aggravated due to military service however, it was much worse than what it would have been had the aggravating factor weren't present.

In addressing this issue VA is proposing to align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and disagreement during the process of making claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Conditions of Service

To be eligible for benefits, they must show that their illness or disability is linked to service. This is referred to as proving "service connection." For some ailments, like ischemic heart disease, or other cardiovascular diseases that develop as a result of Amputations that are connected to service, the service connection is granted automatically. Veterans suffering from other ailments like PTSD need to provide lay testimony or lay evidence from those who were their friends during their time in service to connect their condition with a specific event that occurred during their military service.

A pre-existing medical problem can be service-related in the event that it was aggravated by active duty and not due to the natural progression of the disease. It is advisable to provide a doctor's report that explains that the aggravation of the condition was due to service, and not simply the natural development of the disease.

Certain ailments and injuries are believed to have been caused or worsened by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability lawyer (simply click the following article) as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be caused or aggravated by service. These are AL amyloidosis, chloracne, other acne-related disorders and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a procedure for appeals to appeal their decision as to whether or not they will grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney will likely submit this form on your behalf however, if not, you can do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and want a higher level review of your case.

There are two options to request an additional level review. Both options should be considered carefully. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no review of previous decisions) review and either overturn the earlier decision or confirm the decision. You could or might not be able submit new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your VA-accredited attorney. They'll have experience in this field and know what makes the most sense for your particular situation. They also understand the challenges faced by disabled veterans and can help them become more effective advocates for you.

Time Limits

You can apply for compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. You'll need to be patient as the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after filing your claim to receive an answer.

There are many factors that can affect how long the VA will take to reach an informed decision on your claim. How quickly your claim will be considered is mostly determined by the volume of evidence you have submitted. The location of the VA field office who will review your claim will also affect the length of time it takes.

Another factor that could affect the time required for your claim to be processed is the frequency at which you contact the VA to check its progress. You can speed up the process by making sure to submit all evidence as swiftly as you can, and providing specific details about the medical care facility you use, and sending any requested details.

If you think there was a mistake in the determination of your disability, you are able to request a higher-level review. You'll have to submit all of the facts about your case to a knowledgeable reviewer, who can determine whether there was a mistake in the initial decision. However, this review can't include any new evidence.