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How to File a Veterans Disability Claim

A veteran's disability claim is an important component of his or her benefit application. Many veterans disability law who have their claims accepted receive additional monthly income which is tax-free.

It's no secret that VA is behind in processing disability claims of veterans disability attorneys (www.digitaldatatactics.Com). A decision can take months or even years.

Aggravation

A veteran could be eligible to receive disability compensation for a condition worsened due to their military service. This type of claim is referred to as an aggravated disability. It can be either physical or mental. A VA lawyer who is competent can assist an ex-military personnel to file a claim for aggravated disabilities. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior to serving was aggravated through active duty.

Typically the best way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the disabled veteran. In addition to a physician's declaration, the veteran will also require medical records and lay statements from family or friends who can confirm the severity of their pre-service condition.

It is important to note in a claim to be disabled by a veteran that the aggravated conditions must differ from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimonies to show that their initial condition wasn't just aggravated because of military service, but it was worse than it would have been had the aggravating factor wasn't present.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversies in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To be eligible for benefits, they must show that their condition or illness is related to service. This is known as proving "service connection." For certain diseases, such as Ischemic heart disease and other cardiovascular diseases that develop because of services-connected amputations is granted automatically. veterans disability lawsuit suffering from other ailments like PTSD need to provide lay testimony or lay evidence from those who were their friends during their service to link their condition to a specific event that occurred during their time in the military.

A preexisting medical problem could be a result of service when it was made worse by their active duty service and not through natural progress of the disease. The most effective way to establish this is by submitting an opinion from a doctor that states that the ailment was due to service, and not the normal progression of the disease.

Certain injuries and illnesses can be attributed to or aggravated due to service. They are known as "presumptive diseases." They 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. Some chronic diseases and tropical diseases are also thought to be caused or worsened by military service. These are AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and veterans disability attorneys diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeals

The VA has a procedure to appeal their decision on the issue of whether or not to grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you are able to file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you want a higher-level review of your case.

There are two paths to a higher-level review one of which you must carefully consider. One is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no review is given to the 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 alternative is to request an appointment before a Veterans Law Judge at the Board of veterans disability lawsuit' Appeals in Washington, D.C.

It is important to discuss these aspects with your VA-accredited attorney. They will have experience in this field and know what is the most appropriate option for your particular situation. They also know the issues faced by disabled veterans and can help them become more effective advocates on your behalf.

Time Limits

If you suffer from a physical or mental impairment that was incurred or worsened during military service, then you could file a claim in order to receive compensation. However, you'll need patient with the VA's process of reviewing and deciding on your claim. It could take up 180 days after your claim is submitted before you get an answer.

There are many variables that can affect how long the VA takes to make a decision on your claim. The amount of evidence you provide will play a major Veterans Disability Attorneys role in how quickly your claim is reviewed. The location of the field office handling your claim can also influence the time it will take for the VA to review your claim.

How often you check in with the VA regarding the status of your claim could affect the time it takes to process. You can help speed up the process by providing evidence promptly and by providing specific information regarding the addresses of the medical facilities you utilize, and providing any requested information immediately when it becomes available.

You can request a more thorough review if it is your opinion that the decision you were given regarding your disability was incorrect. This means that you submit all the facts that exist in your case to an experienced reviewer who will determine whether there was an error in the initial decision. However, this review is not able to include new evidence.