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How to File a Veterans Disability Claim

The veteran's claim for disability is a vital element of the application for benefits. Many veterans who have their claims accepted receive an additional monthly income which is tax-free.

It's no secret that the VA is way behind in processing disability claims made by veterans. It can take months or even years, for a final decision to be made.

Aggravation

A veteran may be able to receive disability compensation for an illness that was worsened due to their military service. This type of claim is known as an aggravated disability. It could be either mental or physical. A VA lawyer who is certified can assist an ex-military member make an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior to service was made worse by active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the severity of the pre-service condition. In addition to the physician's statement, the veteran is required to submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

When a claim for disability benefits from raleigh veterans disability lawsuit it is essential to be aware that the aggravated condition has to be distinct from the initial disability rating. A disability attorney can advise the former service member on how to present sufficient medical evidence and evidence to show that their original condition was not only aggravated by military service, but was worse than it would have been had it not been for columbia veterans Disability Law firm the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these regulations has caused confusion and controversy in the process of claiming. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Service-Connected Terms

For a veteran to qualify for benefits, they must demonstrate that their disability or illness is connected to service. This is called showing "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is granted automatically. fontana veterans disability lawsuit suffering from other ailments, like PTSD are required to provide lay testimony or lay evidence from people who knew them during their time in service to connect their condition to a specific event that occurred during their time in the military.

A preexisting medical condition could also be service-connected in the case that it was aggravated through active duty and not through natural progression of the disease. The most effective way to prove this is by providing the doctor's opinion that the aggravation was due to service, and not the normal progression of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated because of treatment. These are referred to as "presumptive illnesses." 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 illnesses are also believed to have been aggravated or triggered by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeal

The VA has a procedure to appeal their decision on whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however if not, you can do it yourself. This form is used by the VA to let them know that you disagree with their decision and you would like a higher-level review of your case.

There are two options for an upscale review one of which you must carefully consider. One is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and either overturn or uphold the earlier decision. You may be required or not required to provide new proof. You may also request an appointment with a columbia veterans disability law firm - read on, Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience and know what's best for your case. They are also aware of the challenges faced by disabled veterans, which makes them an effective advocate for you.

Time Limits

You can apply for compensation if you suffer from a disability that was acquired or worsened during your time in the military. You'll need to be patient as the VA examines and decides on your claim. You could have to wait up to 180 calendar days after submitting your claim before you receive an answer.

There are many factors that affect the time the VA is able to make a decision on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim could also impact how long it takes.

Another factor that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the process by submitting all evidence as quickly as possible, providing specific information about the medical center you use, as well as sending any requested details.

If you believe that there has been a mistake in the decision on your disability, you can request a higher-level review. This requires you to submit all evidence in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. However, this review is not able to include new evidence.