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How to File a Veterans Disability Claim
The claim of a veteran for disability is an important part of the application for benefits. Many veterans who have their claims approved receive a monthly income which is tax-free.
It's no secret that VA is behind in the processing of claims for disability from veterans. The process can take months or even years.
Aggravation
A veteran could be eligible to receive compensation for disability due to a condition made worse by their military service. This type of claim could be either mental or physical. A VA lawyer who is certified can help an ex-military person make an aggravated disability claim. A claimant has to prove using medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.
A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to a physician's declaration the veteran will need to submit medical records as well as lay statements from friends or family members who can confirm the severity of their pre-service condition.
When a claim for disability benefits from veterans it is important to keep in mind that the aggravated condition has to be different from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to prove that their previous condition wasn't just aggravated due to military service, however, it was much worse than it would have been if the aggravating factor had not been present.
In addressing this issue VA is proposing to change the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy in the process of making claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.
Service-Connected Conditions
To be eligible for benefits, a veteran must prove that his or her condition or disability was caused by service. This is referred to as proving "service connection." Service connection is granted automatically for harvey Veterans disability Attorney certain ailments, like Ischemic heart disease or another cardiovascular diseases that arise due to specific amputations that are connected to service. For other conditions, like PTSD veterans have to present documents or evidence from people who knew them in the military, to connect their condition to an specific incident that occurred during their time in service.
A preexisting medical problem could also be service-related if it was aggravated by their active duty service and not through natural progress of the disease. The best way to establish this is by submitting the opinion of a doctor that the aggravation was due to service, and not the normal development of the condition.
Certain injuries and illnesses are believed to have been caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean vincennes veterans disability attorney, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are also suspected to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.
Appeal
The VA has a system to appeal their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not handle this for the client, then you must complete it on your own. This form is used to inform the VA you disagree with their decision and that you'd like to have a more thorough review of your case.
There are two paths to an upscale review that you should consider carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the earlier decision or confirm it. It is possible that you will be able not be required to present new evidence. You may also request a hearing before an college place veterans disability law firm Law judge at the Board of harvey veterans disability Attorney' Appeals, Washington D.C.
It is essential to discuss these aspects with your VA-accredited lawyer. They'll have experience in this field and know what makes the most sense for your particular case. They also know the issues that disabled veterans face and can be an effective advocate for you.
Time Limits
You can claim compensation if you have a disability that was acquired or worsened in the course of serving in the military. However, you'll need to be patient during the process of review and deciding on your application. It could take as long as 180 days after the claim has been filed before you are given a decision.
There are a variety of factors that influence how long the VA will take to reach an decision on your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you submit. The location of the field office handling your claim will also affect the time it will take for the VA to review your claims.
Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to check the progress of your claim. You can speed up the claim process by sending all documentation as quickly as you can, including specific information regarding the medical facility you use, as well as providing any requested details.
If you believe that there was an error in the decision made regarding your disability, then you can 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 original decision. However, this review can't contain new evidence.
The claim of a veteran for disability is an important part of the application for benefits. Many veterans who have their claims approved receive a monthly income which is tax-free.
It's no secret that VA is behind in the processing of claims for disability from veterans. The process can take months or even years.
Aggravation
A veteran could be eligible to receive compensation for disability due to a condition made worse by their military service. This type of claim could be either mental or physical. A VA lawyer who is certified can help an ex-military person make an aggravated disability claim. A claimant has to prove using medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.
A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to a physician's declaration the veteran will need to submit medical records as well as lay statements from friends or family members who can confirm the severity of their pre-service condition.
When a claim for disability benefits from veterans it is important to keep in mind that the aggravated condition has to be different from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to prove that their previous condition wasn't just aggravated due to military service, however, it was much worse than it would have been if the aggravating factor had not been present.
In addressing this issue VA is proposing to change the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy in the process of making claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.
Service-Connected Conditions
To be eligible for benefits, a veteran must prove that his or her condition or disability was caused by service. This is referred to as proving "service connection." Service connection is granted automatically for harvey Veterans disability Attorney certain ailments, like Ischemic heart disease or another cardiovascular diseases that arise due to specific amputations that are connected to service. For other conditions, like PTSD veterans have to present documents or evidence from people who knew them in the military, to connect their condition to an specific incident that occurred during their time in service.
A preexisting medical problem could also be service-related if it was aggravated by their active duty service and not through natural progress of the disease. The best way to establish this is by submitting the opinion of a doctor that the aggravation was due to service, and not the normal development of the condition.
Certain injuries and illnesses are believed to have been caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean vincennes veterans disability attorney, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are also suspected to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.
Appeal
The VA has a system to appeal their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not handle this for the client, then you must complete it on your own. This form is used to inform the VA you disagree with their decision and that you'd like to have a more thorough review of your case.
There are two paths to an upscale review that you should consider carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the earlier decision or confirm it. It is possible that you will be able not be required to present new evidence. You may also request a hearing before an college place veterans disability law firm Law judge at the Board of harvey veterans disability Attorney' Appeals, Washington D.C.
It is essential to discuss these aspects with your VA-accredited lawyer. They'll have experience in this field and know what makes the most sense for your particular case. They also know the issues that disabled veterans face and can be an effective advocate for you.
Time Limits
You can claim compensation if you have a disability that was acquired or worsened in the course of serving in the military. However, you'll need to be patient during the process of review and deciding on your application. It could take as long as 180 days after the claim has been filed before you are given a decision.
There are a variety of factors that influence how long the VA will take to reach an decision on your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you submit. The location of the field office handling your claim will also affect the time it will take for the VA to review your claims.
Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to check the progress of your claim. You can speed up the claim process by sending all documentation as quickly as you can, including specific information regarding the medical facility you use, as well as providing any requested details.
If you believe that there was an error in the decision made regarding your disability, then you can 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 original decision. However, this review can't contain new evidence.
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