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How to File a Veterans Disability Claim

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

It's no secret that VA is way behind in the process of processing disability claims from veterans disability settlement. A decision can take months or even years.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim could be physical or mental. A VA lawyer who is qualified can assist an ex-military personnel file an aggravated disabilities claim. A claimant must show by proving medical evidence or independent opinions that their medical condition prior to serving was made worse by active duty.

Typically, the best way to demonstrate that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's report, the veteran must also provide medical records as well as the lay statements of family or friends who attest to their pre-service condition.

When a claim for disability benefits from veterans disability legal it is essential to keep in mind that the condition that is aggravated must be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and witness to show that their initial condition wasn't merely aggravated due to military service but that it was more severe than it would have been if the aggravating factor hadn't been present.

In order to address this issue VA is proposing to realign the two "aggravation" standards contained in its regulations 38 CFR 3.306 and Veterans Disability Claim 3.310. The differing language used in these regulations has led to confusion and controversies during the process of making claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Service-Connected Conditions

To qualify for benefits, veterans disability attorney must show that his or her health or disability was caused by service. This is known as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases or any other cardiovascular diseases that develop due to specific amputations connected to service. veterans disability settlement suffering from other conditions like PTSD and PTSD, are required to provide the evidence of lay witnesses or from those who were their friends during their service to link their condition with a specific incident that occurred during their military service.

A preexisting medical problem could also be service-related in the event that it was aggravated by their active duty service and not by natural progression of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, and not simply the natural progression.

Certain illnesses and injuries are believed to have been caused or aggravated by 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. Certain chronic diseases and tropical illnesses are thought to be aggravated or triggered by service. These include AL amyloidosis or chloracne, other acne-related disorders, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these probable conditions, click here.

Appeals

The VA has a process for appealing their decision on whether or not to award benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer will not complete this task for you, then you're able to complete it on your own. This form is used to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two paths to an upscale review and both of them are options you should carefully consider. One is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference to the previous decision) and then either reverse or uphold the earlier decision. You may be able or not required to provide new proof. You may also request a hearing before an Veterans Law judge at the Board of veterans disability lawyer' Appeals, Washington D.C.

It is important to discuss these issues with your lawyer who is accredited by the VA. They'll have experience in this area and will know what makes sense for your particular case. They also know the difficulties faced by disabled veterans and their families, which makes them more effective advocates for you.

Time Limits

If you suffer from a condition that was incurred or worsened in the military, you can file a claim to receive compensation. You'll need to wait while the VA examines and decides on your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive an answer.

Numerous factors can affect the time it takes for the VA to consider your claim. The amount of evidence submitted will play a significant role in how quickly your application is evaluated. The location of the VA field office which will be evaluating your claim could also impact the length of time required to review.

How often you check in with the VA to check the status of your claim could influence the time it takes to finish the process. You can accelerate the process of filing a claim by sending all documentation as quickly as possible, providing specific information regarding the medical facility you use, and sending any requested information.

You can request a higher level review if you believe the decision you were given regarding your disability was unjust. You must submit all the facts regarding your case to a knowledgeable reviewer, who will decide whether there was a mistake in the initial decision. However, this review can't include new evidence.