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How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans who have their claims approved receive additional monthly income that is tax-free.

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

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability. It can be either mental or physical. A skilled VA lawyer can help a former servicemember make an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the pre-service condition. In addition to the physician's statement, the veteran must also submit medical records as well as statements from relatives or friends who attest to their pre-service condition.

It is essential to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the original disability rating. A disability lawyer can guide a former servicemember on how they can provide enough medical evidence and evidence to show that their condition was not just aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue VA proposes to re-align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and controversy during the process of claiming. The inconsistent use of terms 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 must show that their disability or illness is linked to service. This is called showing "service connection." For some diseases, such as ischemic heart disease or other cardiovascular diseases that develop because of Amputations that are connected to service, the service connection is granted automatically. For other conditions, like PTSD, veterans must provide the evidence of laypeople or people who were close to them in the military, to link their condition to an specific incident that occurred during their service.

A preexisting medical condition could also be service-related if it was aggravated through active duty and vimeo.Com not through natural progression of the disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was caused by service and not the natural progression.

Certain illnesses and injuries may be believed to be caused or aggravated by 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 suspected to have been caused or aggravated by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information about these presumptive illnesses.

Appeals

The VA has a procedure for appeals for appealing their decision on whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf however, if not, you can file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision and topdogs1.com would like a more thorough review of your case.

There are two routes to an upper-level review, both of which you should carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to the previous decisions) review and either overturn the earlier decision or uphold it. It is possible that you will be able not be required to present new evidence. The other path is to request a hearing with an wilmington veterans disability attorney Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the best route for your appeal, so it's important to discuss these with your attorney who is accredited by the VA. They'll have experience and will know the best route for your situation. They are also aware of the challenges that disabled veterans disability law firm face and can help them become an effective advocate on your behalf.

Time Limits

You may be eligible for compensation if you suffer from an impairment that you acquired or worsened during your time in the military. However, you'll need patient when it comes to the VA's process for taking a look at and deciding on your application. It could take up to 180 calendar days after filing your claim before you get a decision.

Many factors can influence the time it takes for VA to consider your claim. The amount of evidence submitted will play a major role in how quickly your application is evaluated. The location of the field office responsible for your claim will also impact the time it will take for the VA to review your claims.

How often you check in with the VA on the status of your claim could affect the time it takes to complete the process. You can speed up the process by providing evidence as soon as possible and by providing specific information regarding the addresses of the medical care facilities that you use, and submitting any requested information immediately when it becomes available.

You can request a more thorough review if you feel that the decision made on your disability was not correct. This involves submitting all the relevant facts of your case to an expert reviewer who can determine if there was an error in the initial decision. This review does not contain any new evidence.