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How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans are eligible for tax-free income when their claims are accepted.

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

Aggravation

Veterans may be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim may be physical or mental. A licensed VA lawyer can help the former service member submit an aggravated claim. A claimant must show using medical evidence or independent opinions, that their medical condition prior to service was made worse through active duty.

Typically the best way to demonstrate that a condition prior to service was made worse is by obtaining an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to a doctor's report the veteran will be required to provide medical records as well as lay statements from friends or family members who can confirm the severity of their pre-service conditions.

When a claim for disability benefits from university heights veterans disability attorney it is essential to keep in mind that the condition that is aggravated must be different from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony in order to prove that their original condition wasn't only aggravated by military service, however, it was much worse than what it would have been if the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different wording in these regulations has led to confusion and controversies during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions that are associated with Service

In order for a veteran to be eligible for benefits, they have to prove that their illness or disability is connected to service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular diseases that develop because of specific amputations connected to service. holdenville veterans disability law firm suffering from other conditions like PTSD and PTSD, are required to provide witness testimony or lay evidence from people who knew them during their service to link their condition to a specific event that occurred during their military service.

A pre-existing medical problem can be a result of service in the case that it was aggravated because of active duty, and not the natural progression of the disease. The best method to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service, and not the normal progress of the condition.

Certain injuries and illnesses can be believed to be caused or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, willoughby veterans disability lawyer and other Gulf War conditions. Some chronic illnesses and tropical diseases are also believed to have been caused or worsened by military service. These are AL amyloidosis, chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more details on these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision on whether or not to grant 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 can do it on your own. This form is used to inform the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two ways to get a higher-level review and both of them are options you should take into consideration. One is to request a hearing with a Decision Review Officer from your regional office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the previous decision or affirm it. It is possible that you will be able not to submit new proof. The alternative is to request an interview with an Veterans Law Judge from the Board of sylvania veterans disability attorney' Appeals in Washington, D.C.

It's important to discuss these issues with your VA-accredited attorney. They're experienced and know the best option for your situation. They also understand the challenges that disabled veterans face and can help them become an effective advocate on your behalf.

Time Limits

You can apply for compensation if you suffer from an impairment that you acquired or worsened in the course of serving in the military. However, you'll need patient during the VA's process of review and deciding on the merits of your claim. You may need to wait up to 180 calendar days after filing your claim before you receive an answer.

Many factors affect the time it takes for classicalmusicmp3freedownload.com VA to consider your claim. The amount of evidence that you submit will play a major role in how quickly your claim is reviewed. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.

Another factor that can impact the time required for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can speed up the process by making sure to submit all evidence as swiftly as possible, providing specific information about the medical center you use, and providing any requested details.

You can request a more thorough review if you believe the decision you were given regarding your disability was wrong. You'll have to submit all the facts regarding your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. The review doesn't include any new evidence.