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How to File a Veterans Disability Claim

The claim of disability for a veteran is a crucial part of the application for benefits. Many blue island veterans disability lawsuit are eligible for tax-free income when their claims are approved.

It's not secret that VA is behind in the process of processing claims for disability by harrison veterans disability attorney. It can take months or even years, for a decision to be made.

Aggravation

Veterans could be entitled to disability compensation if their condition was caused by their military service. This type of claim may be mental or physical. A competent VA lawyer can assist the former soldier submit an aggravated claim. A claimant must demonstrate by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to get an independent medical opinion by a physician who specializes in the condition of the veteran. In addition to the doctor's report, the veteran is required to submit medical records and the lay statements of family or friends who can attest to their pre-service condition.

In a veterans disability claim it is important to note that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and witness to show that their initial condition wasn't simply aggravated due to military service however, it was much worse than what it would have been had the aggravating factor hadn't been present.

In addressing this issue, VA proposes to re-align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversies in the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Conditions Associated with Service

For a veteran to qualify for benefits, they must show that their disability or illness is linked to service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular diseases that develop due to specific amputations that are connected to service. For other conditions, such as PTSD the veterans must present lay evidence or testimony from those who knew them during the military to prove their condition with a specific incident that took place during their time of service.

A pre-existing medical condition can be a service-related issue if it was aggravated due to active duty service and not due to the natural progression of the disease. The best method to demonstrate this is to provide the doctor's opinion that the ailment was due to service, and not the normal progress of the condition.

Certain illnesses and injuries are believed to be caused or worsened by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and various Gulf War conditions. Certain chronic diseases and tropical diseases are suspected to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeals

The VA has a procedure to appeal their decision regarding whether or not they will grant benefits. The first step is to file a Notice Of Disagreement. If your lawyer who is accredited by the VA does not handle this for you, you are able to complete the process on your own. This form is used to notify the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.

There are two paths to an upper-level review that you should consider carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and then either reverse or uphold the earlier decision. You may be required or not be required to present new evidence. You can also request an appointment with a Veterans Law judge at the Board of jessup Veterans Disability lawyer' Appeals, Washington D.C.

It is important to discuss these issues with your VA-accredited attorney. They're experienced and know the best option for your case. They are also familiar with the challenges faced by disabled veterans which makes them a better advocate for you.

Time Limits

If you suffer from a disability which was created or worsened during your military service, you can file a claim and receive compensation. However, you'll need patient with the process of review and deciding on your application. It could take up 180 days after the claim has been filed before you receive a decision.

Many factors can influence the time it takes for VA to consider your claim. The amount of evidence you submit will play a major role in the speed at which your application is evaluated. The location of the field office responsible for your claim will also impact how long it takes for the VA to review your claim.

Another factor that can impact the time required for your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the process by providing all evidence as fast as you can. You should also provide specific details about the medical facility you use, and sending any requested information.

You may request a higher-level review if you believe that the decision based on your disability was unjust. This involves submitting all the evidence in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. This review does not include any new evidence.