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How to File a Veterans disability Law Firms Disability Claim
A veteran's disability claim is an essential component of his or her benefit application. Many veterans who have their claims accepted receive additional monthly income which is tax-free.
It's not a secret that VA is behind in processing veteran disability claims. A decision can take months or even years.
Aggravation
Veterans may be eligible for disability compensation if their condition was aggravated by their military service. This type of claim can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member make an aggravated disability claim. A claimant must show through medical evidence or independent opinions that their medical condition prior to serving was aggravated due to active duty.
A doctor who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the pre-service condition. In addition to a doctor's statement in addition, the veteran will require medical records and lay declarations from family members or friends who can attest to the severity of their pre-service condition.
In a veterans disability claim it is crucial to remember that the condition that is aggravated must be different from the original disability rating. A disability attorney can advise the former soldier on how to provide sufficient medical evidence and evidence to show that their original condition was not only aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.
In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and disagreement in the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.
Service-Connected Conditions
For a veteran to qualify for benefits, they must prove that their condition or illness is connected to service. This is referred to as "service connection." For certain ailments, like Ischemic heart disease or other cardiovascular diseases that arise as a result of specific services-connected amputations is granted automatically. Veterans suffering from other ailments such as PTSD, must provide lay testimony or lay evidence from people who were close to them during their time in service to connect their condition to an specific event that occurred during their military service.
A preexisting medical condition may be a result of service when it was made worse by active duty and not by natural progress of the disease. It is best to submit an explanation from a doctor that the deterioration of the condition was due to service and not the natural progress of the disease.
Certain injuries and illnesses can be presumed to be caused or aggravated by service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.
Appeals
The VA has a procedure to appeal their decision as to the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf, but if they do not, you may file it yourself. This form is used to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.
There are two options for a more thorough review, both of which you should take into consideration. One 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 previous decision) and either overturn or affirm the earlier decision. You could be able or not required to provide new proof. You can also request an appearance before an veterans disability lawsuit Law judge at the Board of Veterans' Appeals, Washington D.C.
It's important to discuss all of these issues with your VA-accredited attorney. They'll have experience and know what is best for your situation. They also understand the challenges that disabled veterans face and can be a stronger advocate for you.
Time Limits
If you have a disability that was caused or aggravated during military service, you may file a claim to receive compensation. It is important to be patient while the VA evaluates and makes a decision on your claim. It could take up to 180 days after the claim has been filed before you receive a decision.
Many factors affect the time it takes for the VA to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the field office that handles your claim will also impact how long it takes for the VA to review your claims.
Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process by providing all evidence as fast as you can, and providing specific details regarding the medical care facility you use, as well as sending any requested information.
You can request a higher level review if you believe that the decision based on your disability was not correct. You must submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. However, this review is not able to include any new evidence.
A veteran's disability claim is an essential component of his or her benefit application. Many veterans who have their claims accepted receive additional monthly income which is tax-free.
It's not a secret that VA is behind in processing veteran disability claims. A decision can take months or even years.
Aggravation
Veterans may be eligible for disability compensation if their condition was aggravated by their military service. This type of claim can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member make an aggravated disability claim. A claimant must show through medical evidence or independent opinions that their medical condition prior to serving was aggravated due to active duty.
A doctor who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the pre-service condition. In addition to a doctor's statement in addition, the veteran will require medical records and lay declarations from family members or friends who can attest to the severity of their pre-service condition.
In a veterans disability claim it is crucial to remember that the condition that is aggravated must be different from the original disability rating. A disability attorney can advise the former soldier on how to provide sufficient medical evidence and evidence to show that their original condition was not only aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.
In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and disagreement in the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.
Service-Connected Conditions
For a veteran to qualify for benefits, they must prove that their condition or illness is connected to service. This is referred to as "service connection." For certain ailments, like Ischemic heart disease or other cardiovascular diseases that arise as a result of specific services-connected amputations is granted automatically. Veterans suffering from other ailments such as PTSD, must provide lay testimony or lay evidence from people who were close to them during their time in service to connect their condition to an specific event that occurred during their military service.
A preexisting medical condition may be a result of service when it was made worse by active duty and not by natural progress of the disease. It is best to submit an explanation from a doctor that the deterioration of the condition was due to service and not the natural progress of the disease.
Certain injuries and illnesses can be presumed to be caused or aggravated by service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.
Appeals
The VA has a procedure to appeal their decision as to the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf, but if they do not, you may file it yourself. This form is used to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.
There are two options for a more thorough review, both of which you should take into consideration. One 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 previous decision) and either overturn or affirm the earlier decision. You could be able or not required to provide new proof. You can also request an appearance before an veterans disability lawsuit Law judge at the Board of Veterans' Appeals, Washington D.C.
It's important to discuss all of these issues with your VA-accredited attorney. They'll have experience and know what is best for your situation. They also understand the challenges that disabled veterans face and can be a stronger advocate for you.
Time Limits
If you have a disability that was caused or aggravated during military service, you may file a claim to receive compensation. It is important to be patient while the VA evaluates and makes a decision on your claim. It could take up to 180 days after the claim has been filed before you receive a decision.
Many factors affect the time it takes for the VA to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the field office that handles your claim will also impact how long it takes for the VA to review your claims.
Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process by providing all evidence as fast as you can, and providing specific details regarding the medical care facility you use, as well as sending any requested information.
You can request a higher level review if you believe that the decision based on your disability was not correct. You must submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. However, this review is not able to include any new evidence.
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