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How to File a Veterans Disability Claim

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

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

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was caused by their military service. This kind of claim can be physical or mental. A VA lawyer who is certified can help a former military member make an aggravated disability claim. A claimant needs to prove by proving medical evidence or independent opinions that their condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the doctor’s report, the veteran must also submit medical records and statements from family members or friends who attest to their pre-service condition.

In a claim for disability benefits for york Veterans disability Lawsuit it is crucial to note that the condition that is aggravated must be different from the original disability rating. A disability lawyer can guide the former soldier on how they can provide enough medical evidence and testimony to establish that their health condition was not merely aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two “aggravation standards” in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and controversies regarding the claims process. The inconsistent use of words such as “increased disability” and “any increased severity” have been the root of litigation.

Conditions Associated with Service

To be eligible for benefits veterans must show that their health or disability was caused by service. This is referred to as “service connection.” Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular conditions that develop because of specific service-connected amputations. For other conditions, like PTSD veterans are required to provide witnesses or lay evidence from those who knew them during the military to prove their illness to a specific incident that occurred during their time of service.

A pre-existing medical issue can also be service related if it was aggravated because of active duty and not due to the natural progression of disease. The best method to establish this is by submitting a doctor’s opinion that states that the aggravation was due to service, and not the normal progression of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated due to service. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and other Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeals

The VA has a process to appeal their decision as to whether or not to award 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 the client, then you must do it on your own. This form allows you to inform the VA you disagree with their decision and you’d like to have a more thorough review of your case.

There are two ways to get a more thorough review, both of which you should consider carefully. One is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo review (no deference to the previous decision) and either overturn or affirm the earlier decision. You may or not be allowed to submit new evidence. You can also request an interview with an Veterans Law judge at the Board of albany veterans disability attorney‘ Appeals, Washington D.C.

There are many factors to consider when choosing the best route for your appeal, and it is important to discuss these options with your VA-accredited attorney. They’ll have experience and know what’s best for your situation. They are also aware of the challenges faced by disabled reno veterans disability lawyer, which makes them an ideal advocate for you.

Time Limits

If you suffer from a disability that was acquired or worsened in the military, you may file a claim to receive compensation. You’ll need to wait while the VA reviews and decides on your application. You may need to wait up to 180 calendar days after submitting your claim before you get a decision.

Many factors affect the time it takes for the VA to consider your claim. How quickly your application will be considered is mostly determined by the quantity of evidence you submit. The location of the VA field office which will be evaluating your claim can also influence the length of time required to review.

The frequency you check in with the VA on the status of your claim could influence the time it takes to process your claim. You can accelerate the process by submitting all evidence as quickly as possible, providing 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 can request a higher-level review. This involves submitting all relevant facts of your case to an expert reviewer who can determine if there was an error in the original decision. However, this review is not able to contain new evidence.