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How to File a Veterans Disability Claim

A veteran’s disability claim is a crucial component of his or her benefit application. Many university heights veterans disability lawsuit are eligible for tax-free income when their claims are approved.

It’s not a secret that the VA is a long way behind in processing disability claims made by veterans. It could take months, even years for a determination to be made.

Aggravation

Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This kind of claim can be mental or physical. A VA lawyer who is qualified can assist an ex-military personnel to file a claim for aggravated disabilities. A claimant has to prove, with medical evidence or an independent opinion, that their medical condition prior to serving was made worse by active duty.

A doctor who is an expert in the veteran’s disability can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to the doctor’s statement the veteran is required to submit medical records and statements from relatives or friends who can attest to their pre-service condition.

In a claim for a disability benefit for marshall veterans disability lawyer, it is important to note that the condition being aggravated has to be different from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to establish that their original condition wasn’t only aggravated due to military service but was also more severe than what it would have been if the aggravating factor weren’t present.

In order to address this issue, VA is proposing to align the two “aggravation” standards in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and controversies in the process of claiming. The inconsistent use of phrases such as “increased disability” and “any increased severity” have been the source of litigation.

Conditions that are associated with Service

To be eligible for benefits a veteran must prove that their condition or disability was caused by service. This is called showing “service connection.” For certain ailments, like ischemic heart disease, or other cardiovascular diseases that develop as a result of specific services-connected amputations is granted automatically. troutdale Veterans disability lawsuit suffering from other ailments, like PTSD and PTSD, are required to provide the evidence of lay witnesses or from those who were their friends during their time in service to connect their condition with a specific event that occurred during their time in the military.

A pre-existing medical issue can be service-related in the case that it was aggravated by active duty, and not the natural progression of the disease. The best way to prove this is to present a doctor’s opinion that states that the ailment was due to service and not the normal progress of the condition.

Certain illnesses and injuries may be presumed to be caused or aggravated by treatment. These are referred to as “presumptive illnesses.” They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as various Gulf War conditions. Some chronic diseases and tropical illnesses are assumed to have been aggravated or triggered by service. These are AL amyloidosis and chloracne as well as other acne-related disorders Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, click here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf but if not, you may file it yourself. This form is used to tell the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options for a higher-level review one of which you should take into consideration. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will perform an in-person (no review is given to previous decisions) review and either overturn the previous decision or affirm it. You may or may not be allowed to submit new evidence. You may also request a hearing before an Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best route for your appeal, so it’s important to discuss these options with your VA-accredited attorney. They will have experience and will know the best route for your situation. They also understand the challenges faced by disabled veterans and can be a stronger advocate for you.

Time Limits

If you suffer from a disability that was incurred or worsened during military service, you can file a claim and receive compensation. It is important to be patient as the VA reviews and decides on your application. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.

Numerous factors can affect how long it takes the VA to determine your claim. The amount of evidence submitted will play a big role in the speed at which your application is reviewed. The location of the field office that handles your claim can also influence the time it takes for the VA to review your claim.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can speed up the process by sending all documentation as quickly as you can, including specific details regarding the medical center you use, and sending any requested information.

If you believe there was an error in the determination of your disability, you are able to request a higher-level review. You’ll need to provide all the details of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review is not able to include any new evidence.