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How to File a Veterans Disability Claim

The claim of a disabled veteran is an important part of the application for benefits. Many veterans who have their claims approved receive additional monthly income which is tax-free.

It's not a secret that the VA is a long way behind in the process of processing disability claims from overland veterans disability lawyer. It can take months or even years for a decision to be made.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability and can be either mental or physical. A VA lawyer who is competent can help an ex-military personnel make an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions that their medical condition prior to serving was made worse by active duty.

Typically the best way to demonstrate that a pre-service issue was aggravated is to get an independent medical opinion by a physician who specializes in the disabled veteran. In addition to a doctor's report the veteran will be required to provide medical records and lay assertions from friends or family members who are able to confirm the severity of their pre-service conditions.

It is vital to remember in a claim for a disability benefit for veterans that the aggravated condition must be different than 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 merely aggravated because of military service, however, it was much worse than it would have been had the aggravating factor hadn't been present.

In addressing this issue VA is proposing to change the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has caused confusion and controversy in the process of claiming. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Conditions

To be eligible for benefits, a veteran must prove that their impairment or illness was caused by service. This is known as proving "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that develop as a result of specific services-connected amputations is granted automatically. Veterans suffering from other conditions, like PTSD are required to provide witness testimony or lay evidence from those who were their friends during their service to link their condition with a specific event that occurred during their time in the military.

A pre-existing medical condition can be a service-related issue in the case that it was aggravated by active duty and not just the natural progression of disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was due to service, and not simply the natural development of the disease.

Certain injuries and illnesses may be presumed to be caused or aggravated by treatment. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea Mendota heights Veterans disability lawsuit radiation exposure in prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or worsened by military service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. The VA-accredited attorney you have chosen will file this on your behalf but if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options for a higher-level review that you must carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will perform an in-person (no review is given to previous decisions) review and either reverse the earlier decision or maintain it. You could or might not be able submit new evidence. You may also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, and it's important to discuss these with your VA-accredited attorney. They have experience and will know the best route for your case. They are also aware of the difficulties that disabled oakland park veterans disability lawsuit face, which makes them a better advocate for you.

Time Limits

You can apply for compensation if you suffer from an impairment that you acquired or worsened during your time in the military. You'll have to be patient as the VA evaluates and makes a decision on your application. It could take up to 180 days after the claim has been filed before you get an answer.

Numerous factors can affect how long it takes the VA to consider your claim. The amount of evidence you provide is a significant factor Mendota heights Veterans disability lawsuit in how quickly your claim is reviewed. The location of the field office that handles 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 see the status of your claim can influence the time it takes to finish the process. You can help accelerate the process by providing evidence as soon as possible, being specific in your details regarding the address of the medical care facilities you use, and sending any requested information as soon as it's available.

If you believe that there has been a mistake in the decision made regarding your disability, you may request a more thorough review. You will need to submit all of the facts about your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.