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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 get tax-free income after their claims are approved.
It's no secret that VA is behind in processing disability claims of veterans. The decision could take months or even years.
Aggravation
A veteran may be able to claim disability compensation for a condition that was made worse by their military service. This type of claim could be physical or mental. A VA lawyer who is qualified can help a former military member submit an aggravated disabilities claim. A claimant needs to prove via medical evidence or independent opinions that their pre-service condition was made worse by active duty.
Typically, the most effective method to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert in the disability of veterans. In addition to a physician's declaration, the veteran will also require medical records and lay assertions from family or friends who can attest to the severity of their pre-service condition.
In a veterans disability claim it is crucial to be aware that the condition being aggravated has to differ from the original disability rating. An attorney for disability can guide the former soldier on how to present sufficient medical evidence and testimony to prove that their condition was not just aggravated by 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 in its regulations 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and disagreement during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Conditions
For a veteran to qualify for benefits, they must show that their illness or disability is connected to service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular diseases that arise due to specific amputations that are connected to service. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military, to connect their condition with a specific incident that took place during their service.
A preexisting medical problem could also be service-connected if it was aggravated by active duty and not due to the natural progress of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, not just the natural progress of the disease.
Certain ailments and injuries can be presumed to be caused or aggravated by treatment. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability attorney, radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic illnesses and tropical diseases are suspected to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.
Appeals
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not handle this for you, then you can do it yourself. This form is used by the VA to inform them that you are not satisfied with their decision and would like a more thorough review of your case.
There are two options available for a more thorough review. Both options should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and either reverse or confirm the earlier decision. You could or might not be able to submit new evidence. You can also request an interview with an Veterans Law judge at the Board of veterans disability lawsuits' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited attorney. They'll have experience in this field and know what makes the most sense for your particular situation. They are also familiar with the challenges faced by disabled veterans and can be an ideal advocate for you.
Time Limits
You can claim compensation if you have a disability that was acquired or worsened in the course of serving in the military. You'll need to wait while the VA reviews and decides on your claim. You could have to wait up to 180 calendar days after filing your claim before receiving a decision.
Many factors affect the time it takes for the VA to determine your claim. The amount of evidence you provide is a significant factor in how quickly your claim is reviewed. The location of the VA field office who will review your claim will also affect the length of time it takes.
The frequency you check in with the VA on the status of your claim could also affect the time it takes to process your claim. You can accelerate the process by submitting proof as soon as possible and by providing specific address information for the medical facilities you use, and submitting any requested information as soon as it is available.
You may request a higher-level review if it is your opinion that the decision based on your disability was unjust. You will need to submit all the facts of your case to an experienced reviewer, who can determine whether there an error in the initial decision. This review does not contain any new evidence.
A veteran's disability claim is an important part of his or her benefit application. Many veterans get tax-free income after their claims are approved.
It's no secret that VA is behind in processing disability claims of veterans. The decision could take months or even years.
Aggravation
A veteran may be able to claim disability compensation for a condition that was made worse by their military service. This type of claim could be physical or mental. A VA lawyer who is qualified can help a former military member submit an aggravated disabilities claim. A claimant needs to prove via medical evidence or independent opinions that their pre-service condition was made worse by active duty.
Typically, the most effective method to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert in the disability of veterans. In addition to a physician's declaration, the veteran will also require medical records and lay assertions from family or friends who can attest to the severity of their pre-service condition.
In a veterans disability claim it is crucial to be aware that the condition being aggravated has to differ from the original disability rating. An attorney for disability can guide the former soldier on how to present sufficient medical evidence and testimony to prove that their condition was not just aggravated by 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 in its regulations 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and disagreement during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Conditions
For a veteran to qualify for benefits, they must show that their illness or disability is connected to service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular diseases that arise due to specific amputations that are connected to service. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military, to connect their condition with a specific incident that took place during their service.
A preexisting medical problem could also be service-connected if it was aggravated by active duty and not due to the natural progress of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, not just the natural progress of the disease.
Certain ailments and injuries can be presumed to be caused or aggravated by treatment. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability attorney, radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic illnesses and tropical diseases are suspected to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.
Appeals
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not handle this for you, then you can do it yourself. This form is used by the VA to inform them that you are not satisfied with their decision and would like a more thorough review of your case.
There are two options available for a more thorough review. Both options should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and either reverse or confirm the earlier decision. You could or might not be able to submit new evidence. You can also request an interview with an Veterans Law judge at the Board of veterans disability lawsuits' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited attorney. They'll have experience in this field and know what makes the most sense for your particular situation. They are also familiar with the challenges faced by disabled veterans and can be an ideal advocate for you.
Time Limits
You can claim compensation if you have a disability that was acquired or worsened in the course of serving in the military. You'll need to wait while the VA reviews and decides on your claim. You could have to wait up to 180 calendar days after filing your claim before receiving a decision.
Many factors affect the time it takes for the VA to determine your claim. The amount of evidence you provide is a significant factor in how quickly your claim is reviewed. The location of the VA field office who will review your claim will also affect the length of time it takes.
The frequency you check in with the VA on the status of your claim could also affect the time it takes to process your claim. You can accelerate the process by submitting proof as soon as possible and by providing specific address information for the medical facilities you use, and submitting any requested information as soon as it is available.
You may request a higher-level review if it is your opinion that the decision based on your disability was unjust. You will need to submit all the facts of your case to an experienced reviewer, who can determine whether there an error in the initial decision. This review does not contain any new evidence.
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