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How to File a Veterans Disability Claim
A veteran's disability claim is an essential element of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax-free.
It's not a secret that the VA is way behind in processing disability claims from veterans. It could take months, even years for a determination to be made.
Aggravation
Veterans may be eligible for disability compensation if their condition was aggravated by their military service. This type of claim may be physical or mental. A licensed VA lawyer can help the former service member make an aggravated disability claim. A claimant must prove, with medical evidence or an independent opinion, that their medical condition prior to service was made worse due to active duty.
Typically, the best way to prove that a pre-service condition was aggravated is through an independent medical opinion by an expert in the disability of veterans. In addition to a physician's declaration in addition, the veteran will have to submit medical records as well as lay statements from family members or friends who can confirm the extent of their pre-service injuries.
When a claim for disability benefits from veterans it is important to note that the condition being aggravated has to be distinct from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony in order to show that their initial condition wasn't only aggravated by military service, but that it was more severe than it would have been if the aggravating factor had not been present.
VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and disagreement during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.
Service-Connected Conditions
To be eligible for benefits, a veteran must prove that their condition or disability was caused by service. This is known as proving "service connection." Service connection is granted automatically in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop as a result specific amputations linked to service. Veterans with other conditions like PTSD and PTSD, are required to provide lay testimony or evidence from people who were close to them during their time in the military to connect their condition to a specific event that occurred during their military service.
A preexisting medical condition could be a result of service in the case that it was aggravated by active duty and not through natural progression of the disease. It is best to provide a doctor's report that explains that the aggravation of the condition was due to service, not just the natural progress of the disease.
Certain injuries and illnesses can be thought to be caused or aggravated because of service. These 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. Some chronic diseases and tropical illnesses are thought to be aggravated or triggered by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.
Appeal
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your lawyer who is accredited by the VA does not take this step for the client, then you must complete the process on your own. This form is used to tell the VA you disagree with their decision and you'd like to have a more thorough review of your case.
You have two options for a more thorough review. Both should be considered carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review of previous decisions) review and either overturn the earlier decision or confirm it. It is possible that you will be able not required to provide new proof. The other path is to request a hearing with an seat pleasant ripon veterans disability law firm disability lawsuit (Vimeo.com) Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these aspects with your VA-accredited attorney. They'll have experience and will know the best route for your case. They also know the issues that disabled veterans face and can be more effective advocates on your behalf.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened during your time in the military. However, you'll need to be patient with the process of reviewing and deciding on your application. You may have to wait up to 180 calendar days after submitting your claim before receiving a decision.
There are many factors which can impact the length of time the VA will take to reach an informed decision on your claim. The amount of evidence you provide will play a big role in how quickly your claim is considered. The location of the field office that handles your claim will also impact the time it takes for the VA to review your claim.
How often you check in with the VA regarding the status of your claim could affect the length of time it takes to process. You can speed up the process by sending all documentation as quickly as you can, including specific information about the medical center you use, as well as sending any requested information.
You may request a higher-level review if you feel that the decision made on your disability was wrong. You'll have to submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. However, this review is not able to include any new evidence.
A veteran's disability claim is an essential element of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax-free.
It's not a secret that the VA is way behind in processing disability claims from veterans. It could take months, even years for a determination to be made.
Aggravation
Veterans may be eligible for disability compensation if their condition was aggravated by their military service. This type of claim may be physical or mental. A licensed VA lawyer can help the former service member make an aggravated disability claim. A claimant must prove, with medical evidence or an independent opinion, that their medical condition prior to service was made worse due to active duty.
Typically, the best way to prove that a pre-service condition was aggravated is through an independent medical opinion by an expert in the disability of veterans. In addition to a physician's declaration in addition, the veteran will have to submit medical records as well as lay statements from family members or friends who can confirm the extent of their pre-service injuries.
When a claim for disability benefits from veterans it is important to note that the condition being aggravated has to be distinct from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony in order to show that their initial condition wasn't only aggravated by military service, but that it was more severe than it would have been if the aggravating factor had not been present.
VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and disagreement during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.
Service-Connected Conditions
To be eligible for benefits, a veteran must prove that their condition or disability was caused by service. This is known as proving "service connection." Service connection is granted automatically in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop as a result specific amputations linked to service. Veterans with other conditions like PTSD and PTSD, are required to provide lay testimony or evidence from people who were close to them during their time in the military to connect their condition to a specific event that occurred during their military service.
A preexisting medical condition could be a result of service in the case that it was aggravated by active duty and not through natural progression of the disease. It is best to provide a doctor's report that explains that the aggravation of the condition was due to service, not just the natural progress of the disease.
Certain injuries and illnesses can be thought to be caused or aggravated because of service. These 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. Some chronic diseases and tropical illnesses are thought to be aggravated or triggered by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.
Appeal
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your lawyer who is accredited by the VA does not take this step for the client, then you must complete the process on your own. This form is used to tell the VA you disagree with their decision and you'd like to have a more thorough review of your case.
You have two options for a more thorough review. Both should be considered carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review of previous decisions) review and either overturn the earlier decision or confirm it. It is possible that you will be able not required to provide new proof. The other path is to request a hearing with an seat pleasant ripon veterans disability law firm disability lawsuit (Vimeo.com) Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these aspects with your VA-accredited attorney. They'll have experience and will know the best route for your case. They also know the issues that disabled veterans face and can be more effective advocates on your behalf.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened during your time in the military. However, you'll need to be patient with the process of reviewing and deciding on your application. You may have to wait up to 180 calendar days after submitting your claim before receiving a decision.
There are many factors which can impact the length of time the VA will take to reach an informed decision on your claim. The amount of evidence you provide will play a big role in how quickly your claim is considered. The location of the field office that handles your claim will also impact the time it takes for the VA to review your claim.
How often you check in with the VA regarding the status of your claim could affect the length of time it takes to process. You can speed up the process by sending all documentation as quickly as you can, including specific information about the medical center you use, as well as sending any requested information.
You may request a higher-level review if you feel that the decision made on your disability was wrong. You'll have to submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. However, this review is not able to include any new evidence.
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