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How to File a Veterans Disability Claim

The claim of a veteran for disability is a vital part of submitting an application for benefits. Many holladay veterans disability attorney are eligible for tax-free income when their claims are accepted.

It's no secret that VA is way behind in the process of processing disability claims from arkansas veterans disability lawsuit (https://vimeo.com/). It can take months, even years for a determination to be made.

Aggravation

A veteran might be able to claim disability compensation for a condition caused by their military service. This type of claim can be either mental or physical. A competent VA lawyer can assist a former servicemember make an aggravated disability claim. The claimant must demonstrate by proving medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the disability of colonial heights veterans disability attorney. In addition to a physician's declaration the veteran will also need to submit medical records and lay statements from family members or friends who can attest to the seriousness of their pre-service ailments.

When a claim for disability benefits from veterans it is crucial to note that the condition that is aggravated must differ from the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how to provide the proper medical evidence and testimony to prove that their condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy in the process of claiming. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Service-Connected Conditions

For a veteran to qualify for benefits, they must show that their disability or illness is related to their service. This is known as showing "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular diseases that arise because of specific amputations connected to service. For other conditions, like PTSD veterans have to present documents or evidence from those who knew them during the military to prove their condition with a specific incident that took place during their time in service.

A pre-existing medical condition can be a result of service when it was made worse because of active duty and not due to the natural progression of the disease. The best method to establish this is by submitting a doctor's opinion that states that the ailment was due to service and not just the normal progression of the disease.

Certain injuries and illnesses are presumed to have been caused or aggravated by the service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or caused by military service. These are AL amyloidosis, chloracne or other acne-related conditions and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive illnesses.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. If your lawyer who is accredited by the VA does not complete this task for you, you are able to complete the process on your own. This form is used by the VA to let them know that you do not agree with their decision and want a higher level review of your case.

There are two options available for a higher level review. Both options should be carefully considered. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo (no review of previous decisions) review and either overturn the previous decision or affirm it. You may or not be allowed to submit new evidence. The other option is to request an appointment before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the best route for your appeal, and it's essential to discuss these issues with your attorney who is accredited by the VA. They'll have experience and know what's best for your case. They are also well-versed in the challenges faced by disabled veterans which makes them an effective advocate for you.

Time Limits

You can seek compensation if you have an illness that you developed or worsened during your time in the military. But you'll have to be patient with the VA's process for considering and deciding about your claim. It may take up to 180 days after the claim has been submitted before you get an answer.

Many factors affect the time it takes for the VA to determine your claim. How quickly your claim will be considered is mostly determined by the amount of evidence that you submit. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.

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 on the status of your claim. You can speed up the process by submitting your evidence as soon as possible and being specific in your address details for the medical facilities you utilize, and providing any requested information as soon as it is available.

If you believe there has been an error in the decision on your disability, you are able to request a more thorough review. This requires you to submit all facts that exist in your case to an expert reviewer who can determine if there was an error in the original decision. However, this review cannot include any new evidence.