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How to File a Veterans Disability Claim
A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims approved receive additional income each month which is tax-free.
It's not a secret that VA is behind in the process of processing claims for disability by peoria heights veterans disability attorney. It can take months, even years, for a decision to be made.
Aggravation
tipp city veterans Disability Lawsuit could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is called an aggravated impairment and can be either physical or mental. A competent VA lawyer can assist a former servicemember file an aggravated disability claim. A claimant must prove by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.
Typically the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert doctor who is specialized in the disability of veterans. In addition to the physician's statement, the veteran should also submit medical records and statements from family members 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 condition being aggravated has to be different from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and witness to show that their initial condition wasn't just aggravated because of military service, however, it was much worse than it would have been had the aggravating factor hadn't been present.
VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these regulations has led to confusion and disagreement during the process of making claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.
Conditions that are associated with Service
To be eligible for benefits, a veteran must prove that his or her impairment or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular disease that develops as a result specific amputations that are connected to service. For other conditions, like PTSD the veterans must present witnesses or lay evidence from those who knew them during the military to prove their condition to an specific incident that occurred during their time of service.
A preexisting medical problem could be a result of service when it was made worse by their active duty service and not due to the natural progression of the disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.
Certain illnesses and injuries are believed to be caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are thought to be aggravated or caused by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.
Appeals
The VA has a procedure 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 but if not, you can do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.
There are two options for a more thorough review one 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 an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or uphold it. You could or might not be able submit new evidence. You can also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited attorney. They'll have expertise in this field and know what is the most appropriate option for your particular situation. They are also well-versed in the difficulties that disabled veterans face which makes them an ideal advocate for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that was acquired or worsened in the course of serving in the military. But you'll need to be patient with the VA's process of review and deciding on your claim. You may have to wait up to 180 calendar days after filing your claim to receive an answer.
There are a variety of factors that influence how long the VA will take to make a decision on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence that you submit. The location of the VA field office who will review your claim will also affect how long it takes.
How often you check in with the VA to check the status of your claim could affect the time it takes to finish the process. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific details about the medical facility you use, as well as sending any requested information.
You can request a higher level review if it is your opinion that the decision made on your disability was unjust. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review can't include new evidence.
A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims approved receive additional income each month which is tax-free.
It's not a secret that VA is behind in the process of processing claims for disability by peoria heights veterans disability attorney. It can take months, even years, for a decision to be made.
Aggravation
tipp city veterans Disability Lawsuit could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is called an aggravated impairment and can be either physical or mental. A competent VA lawyer can assist a former servicemember file an aggravated disability claim. A claimant must prove by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.
Typically the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert doctor who is specialized in the disability of veterans. In addition to the physician's statement, the veteran should also submit medical records and statements from family members 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 condition being aggravated has to be different from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and witness to show that their initial condition wasn't just aggravated because of military service, however, it was much worse than it would have been had the aggravating factor hadn't been present.
VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these regulations has led to confusion and disagreement during the process of making claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.
Conditions that are associated with Service
To be eligible for benefits, a veteran must prove that his or her impairment or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular disease that develops as a result specific amputations that are connected to service. For other conditions, like PTSD the veterans must present witnesses or lay evidence from those who knew them during the military to prove their condition to an specific incident that occurred during their time of service.
A preexisting medical problem could be a result of service when it was made worse by their active duty service and not due to the natural progression of the disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.
Certain illnesses and injuries are believed to be caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are thought to be aggravated or caused by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.
Appeals
The VA has a procedure 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 but if not, you can do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.
There are two options for a more thorough review one 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 an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or uphold it. You could or might not be able submit new evidence. You can also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited attorney. They'll have expertise in this field and know what is the most appropriate option for your particular situation. They are also well-versed in the difficulties that disabled veterans face which makes them an ideal advocate for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that was acquired or worsened in the course of serving in the military. But you'll need to be patient with the VA's process of review and deciding on your claim. You may have to wait up to 180 calendar days after filing your claim to receive an answer.
There are a variety of factors that influence how long the VA will take to make a decision on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence that you submit. The location of the VA field office who will review your claim will also affect how long it takes.
How often you check in with the VA to check the status of your claim could affect the time it takes to finish the process. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific details about the medical facility you use, as well as sending any requested information.
You can request a higher level review if it is your opinion that the decision made on your disability was unjust. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review can't include new evidence.
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