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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many fairview heights veterans disability attorney get tax-free income when their claims are accepted.

It's not a secret that VA is behind in the processing of claims for disability from Soledad veterans disability attorney. It can take months, even years for a decision to be made.

Aggravation

rockford veterans disability may be entitled to disability compensation if their condition was aggravated by their military service. This type of claim may be either mental or physical. A VA lawyer who is certified can help an ex-military member file an aggravated disabilities claim. The claimant must prove via medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert in the condition of the veteran can provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to a doctor's statement the veteran will also need to submit medical records and lay statements from family or friends who can attest to the seriousness of their pre-service ailments.

It is important to note in a claim for a disability benefit for van wert veterans disability lawsuit that the aggravated conditions must differ from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and witness to establish that their original condition wasn't merely aggravated due to military service, but that it was more severe than it would have been had the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these regulations has caused confusion and disagreement during the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Conditions Associated with Service

To be eligible for benefits a veteran must prove that their health or disability was caused by service. This is known as proving "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 automatically granted. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from people who knew them in the military, in order to connect their illness to a specific incident that occurred during their service.

A preexisting medical problem could be a result of service in the case that it was aggravated by active duty and not caused by the natural progression of the disease. The most effective way to prove this is by providing the opinion of a doctor exeter veterans disability Lawyer that the aggravation was due to service and not the normal development of the condition.

Certain ailments and injuries can be thought to be caused or aggravated by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and different Gulf War conditions. Certain chronic diseases and tropical diseases are presumed to have been caused or aggravated from service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however if not, you may file it yourself. This form is used to notify the VA you disagree with their decision and that you'd like to have a more thorough review of your case.

There are two options for higher-level review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a review de novo (no deference to the previous decision) and either reverse or affirm the decision made earlier. It is possible that you will be able not required to provide new proof. You can also request a hearing before an Veterans Law judge at the Board of bremerton veterans disability lawyer' Appeals, Washington D.C.

It is important to discuss these issues with your VA-accredited attorney. They'll have experience and will know the best route for your case. They are also aware of the difficulties faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you suffer from a physical or mental impairment that was incurred or worsened during military service, then you can file a claim to receive compensation. It is important to be patient while 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 receive a decision.

There are many factors that affect the time the VA will take to reach an assessment of your claim. The speed at which your application will be evaluated is largely determined by the volume of evidence you have submitted. The location of the VA field office that will be reviewing your claim can also influence the length of time it takes.

Another factor that can affect the time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the progress of your claim. You can help accelerate the process by submitting your evidence as soon as possible and being specific in your details regarding the address of the medical care facilities that you utilize, and providing any requested information immediately when it becomes available.

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