How to File a veterans disability,
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A veteran's disability claim is a critical part of his or her benefit application. Many veterans who have their claims approved receive additional monthly income that is tax free.
It's no secret that VA is a long way behind in processing disability claims for veterans. The decision could take months or even years.
Aggravation
A veteran might be able to receive compensation for disability due to a condition that was caused by their military service. This kind of claim can be mental or
Veterans Disability physical. A qualified VA lawyer can help the former soldier submit an aggravated claim. A claimant must demonstrate by proving medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.
Typically the most effective way to prove that a pre-service condition was aggravated is to get an independent medical opinion by an expert doctor who is specialized in the disabled veteran. In addition to the doctor's opinion, the veteran should also submit medical records and lay statements from family or friends who can attest to their pre-service condition.
It is crucial to remember when submitting a claim for
Veterans disability disability benefits for veterans that the aggravated condition must be different from the initial disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony in order to show that their initial condition wasn't only aggravated because of military service, however, it was much worse than it would have been had the aggravating factor weren't present.
In order to address this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and debate in the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" is the cause of litigation and uncertainty.
Service-Connected Terms
To be eligible for benefits a veteran must prove that the impairment or illness was caused by service. This is known as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations that are connected to service.
veterans disability lawyers with other conditions, like PTSD are required to provide the evidence of lay witnesses or from those who knew them during their service to establish a connection between their condition to a specific event that occurred during their military service.
A preexisting medical condition may be a result of service when it was made worse by their active duty service and not through natural progress of the disease. The best method to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service and not just the normal progress of the condition.
Certain ailments and injuries are believed to be caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea
veterans disability lawyer and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are believed to have been caused or aggravated from service. They include AL amyloidosis or chloracne, other acne-related disorders Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these probable diseases.
Appeals
The VA has a system for appealing their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to make this filing on your behalf but if not, you can do it yourself. This form is used to notify the VA you disagree with their decision and you'd like to have a more thorough review of your case.
There are two options for an upscale review, both of which you should carefully consider. One is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo review (no deference to the decision made previously) and either reverse or uphold the earlier decision. It is possible that you will be able not required to submit a new proof. The alternative is to request an interview 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 most effective route for your appeal, and it is important to discuss these with your attorney who is accredited by the VA. They're experienced and know what's best for your case. They also know the issues that disabled veterans face and can be a stronger advocate on your behalf.
Time Limits
You may be eligible for compensation if you suffer from a disability that was acquired or worsened as a result of serving in the military. However, you'll need patient during the VA's process for review and deciding on your application. It may take up to 180 days after your claim is filed before you receive a decision.
There are many factors which can impact the length of time the VA takes to make a decision on your claim. The amount of evidence submitted is a significant factor in the speed at which your claim is evaluated. The location of the VA field office which will be reviewing your claim can also impact how long it takes.
How often you check in with the VA to check the status of your claim could affect the length of time it takes to process. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as possible, providing specific information regarding the medical center you use, and sending any requested details.
If you believe there was an error in the decision regarding your disability, you may request a higher-level review. This involves submitting all evidence in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. However, this review can't contain new evidence.