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How to File a Veterans Disability Claim

The veteran’s claim for disability is a key element of the application for benefits. Many veterans get tax-free income when their claims are granted.

It’s no secret that VA is behind in processing veteran disability claims. It can take months or even years, for a final decision to be made.

Aggravation

A veteran might be able get disability compensation in the event of a condition worsened by their military service. This type of claim is known as an aggravated impairment and can be mental or physical. A qualified VA lawyer can assist former service members to file an aggravated disability claim. The claimant must demonstrate using medical evidence or independent opinions that their pre-service medical condition was made worse by active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor’s opinion in addition, the veteran will be required to provide medical records and lay declarations from family members or friends who can testify to the seriousness of their pre-service ailments.

In a claim for a disability benefit for grand terrace veterans disability lawyer it is essential to remember that the aggravated condition has to differ from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and witness to show that their initial condition wasn’t just aggravated because of military service, but that it was more severe than what it would have been if the aggravating factor had not been present.

VA proposes to rewrite its two “aggravation standards” in its regulations 38 CFR 3.306 & 3.310. The differing language used in these regulations has led to confusion and controversy in the claims process. Particularly, the inconsistent usage of terms such as “increase in disability” and “any increase in severity” has been the cause of disputes and confusion.

Service-Connected Conditions

To qualify for benefits, the veteran must prove that their condition or disability was caused by service. This is referred to as proving “service connection.” For some ailments, like ischemic heart disease or other cardiovascular diseases that develop as a result of service-connected amputations, service connection is granted automatically. havelock veterans disability law firm [https://Vimeo.com/709593818] with other conditions such as PTSD need to provide the evidence of lay witnesses or from those who were their friends during their time in the military to connect their condition to an specific incident that occurred during their military service.

A preexisting medical condition may also be service-related if it was aggravated by active duty and not caused by the natural progress of the disease. The best way to demonstrate this is to provide the doctor’s opinion that the aggravation was due to service and not the normal progression of the condition.

Certain illnesses and injuries are presumed to have been caused or worsened by service. These are called “presumptive illnesses.” This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or caused by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.

Appeals

The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for the client, then you must do it yourself. This form allows you to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two ways to get a higher-level review one of which you must carefully consider. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct an de novo review (no deference given to the decision made previously) and either reverse or affirm the earlier decision. You may be able or not required to provide new proof. You can also request an appointment with an Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

It’s important to discuss all of these issues with your VA-accredited lawyer. They will have experience in this area and will know what is the most appropriate option for your specific case. They also know the difficulties faced by disabled veterans and can be more effective advocates 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. It is important to be patient as the VA reviews and decides on your claim. It may take up to 180 days after the claim has been filed before you receive an answer.

There are many factors that affect the time the VA will take to reach an informed decision on your claim. The amount of evidence you provide will play a big role in how quickly your application is evaluated. The location of the field office responsible for your claim will also affect the time it takes for the VA to review your claims.

How often you check in with the VA regarding the status of your claim could affect the time it takes to process. You can speed up the process by making sure to submit all evidence as swiftly as you can, including specific details regarding the medical facility you use, as well as providing any requested information.

You could request a higher-level review if you believe that the decision you were given regarding your disability was wrong. You must submit all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the original decision. However, this review can’t include new evidence.