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How to File a Veterans Disability Claim
A veteran's disability claim is a critical element of their benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It's not secret that VA is behind in processing veteran disability claims. The process can take months or even years.
Aggravation
Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim could be physical or mental. A VA lawyer who is certified can help a former military member make an aggravated disability claim. The claimant must prove by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.
Typically, the most effective method to prove that a condition prior to service was aggravated is to get an independent medical opinion from a physician who specializes in the disabled veteran. In addition to the doctor's opinion, the veteran should also submit medical records and statements from family members or friends who can attest to their pre-service condition.
It is vital to remember in a claim for a disability benefit for veterans disability law firms that the aggravated conditions must differ from the original disability rating. An attorney who is a disability attorney can help the former service member on how to provide the proper medical evidence and testimony to prove that their health condition was not merely aggravated by military service, but was worse than it would have been without the aggravating factor.
VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these regulations has caused confusion and controversies during the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.
Service-Connected Terms
In order for a veteran to be eligible for benefits, they must prove that their illness or disability is connected to service. This is referred to as "service connection." For some diseases, such as Ischemic heart disease and other cardiovascular diseases that arise due to specific service-connected amputations, service connection is automatically granted. For other conditions, like PTSD the veterans must present documents or evidence from people who were close to them in the military, in order to connect their condition with a specific incident that took place during their time in service.
A preexisting medical issue could also be service-related in the case that it was aggravated by active duty and not due to the natural progression of the disease. The best way to prove this is by providing a doctor's opinion that states that the ailment was due to service and not the normal progression of the condition.
Certain ailments and injuries are believed to be caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability attorneys disability law firms (just click the next document) and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or caused by military service. They include AL amyloidosis, chloracne, other acne-related disorders and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these presumptive conditions, click here.
Appeals
The VA has a procedure to appeal their decision on whether or not to award benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for you, then you can complete it on your own. This form is used by the VA to inform them that you are not satisfied with their decision, and would like a more thorough review of your case.
There are two options available for higher-level review. Both options should be carefully considered. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a review de novo (no deference to the decision made previously) and either reverse or confirm the earlier decision. It is possible that you will be able not required to provide new proof. You can also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience in this area and will know the best option for your particular situation. They are also aware of the difficulties that disabled veterans face and can be more effective advocates on your behalf.
Time Limits
If you suffer from a condition that was caused or aggravated during military service, then you can file a claim and receive compensation. You'll need to be patient as the VA evaluates and makes a decision on your claim. It may take up to 180 days after the claim has been submitted before you get a decision.
There are many variables that influence how long the VA takes to make an assessment of your claim. The amount of evidence you provide will play a major role in the speed at which your claim is evaluated. The location of the VA field office which will be evaluating your claim can also influence the time it takes to review your claim.
Another factor that can impact the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the claim process by submitting all evidence as quickly as you can, and providing specific details about 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, you can request a higher-level review. This means that you submit all the facts that exist in your case to an expert reviewer who can determine whether there was an error in the initial decision. However, this review is not able to include new evidence.
A veteran's disability claim is a critical element of their benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It's not secret that VA is behind in processing veteran disability claims. The process can take months or even years.
Aggravation
Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim could be physical or mental. A VA lawyer who is certified can help a former military member make an aggravated disability claim. The claimant must prove by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.
Typically, the most effective method to prove that a condition prior to service was aggravated is to get an independent medical opinion from a physician who specializes in the disabled veteran. In addition to the doctor's opinion, the veteran should also submit medical records and statements from family members or friends who can attest to their pre-service condition.
It is vital to remember in a claim for a disability benefit for veterans disability law firms that the aggravated conditions must differ from the original disability rating. An attorney who is a disability attorney can help the former service member on how to provide the proper medical evidence and testimony to prove that their health condition was not merely aggravated by military service, but was worse than it would have been without the aggravating factor.
VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these regulations has caused confusion and controversies during the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.
Service-Connected Terms
In order for a veteran to be eligible for benefits, they must prove that their illness or disability is connected to service. This is referred to as "service connection." For some diseases, such as Ischemic heart disease and other cardiovascular diseases that arise due to specific service-connected amputations, service connection is automatically granted. For other conditions, like PTSD the veterans must present documents or evidence from people who were close to them in the military, in order to connect their condition with a specific incident that took place during their time in service.
A preexisting medical issue could also be service-related in the case that it was aggravated by active duty and not due to the natural progression of the disease. The best way to prove this is by providing a doctor's opinion that states that the ailment was due to service and not the normal progression of the condition.
Certain ailments and injuries are believed to be caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability attorneys disability law firms (just click the next document) and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or caused by military service. They include AL amyloidosis, chloracne, other acne-related disorders and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these presumptive conditions, click here.
Appeals
The VA has a procedure to appeal their decision on whether or not to award benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for you, then you can complete it on your own. This form is used by the VA to inform them that you are not satisfied with their decision, and would like a more thorough review of your case.
There are two options available for higher-level review. Both options should be carefully considered. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a review de novo (no deference to the decision made previously) and either reverse or confirm the earlier decision. It is possible that you will be able not required to provide new proof. You can also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience in this area and will know the best option for your particular situation. They are also aware of the difficulties that disabled veterans face and can be more effective advocates on your behalf.
Time Limits
If you suffer from a condition that was caused or aggravated during military service, then you can file a claim and receive compensation. You'll need to be patient as the VA evaluates and makes a decision on your claim. It may take up to 180 days after the claim has been submitted before you get a decision.
There are many variables that influence how long the VA takes to make an assessment of your claim. The amount of evidence you provide will play a major role in the speed at which your claim is evaluated. The location of the VA field office which will be evaluating your claim can also influence the time it takes to review your claim.
Another factor that can impact the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the claim process by submitting all evidence as quickly as you can, and providing specific details about 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, you can request a higher-level review. This means that you submit all the facts that exist in your case to an expert reviewer who can determine whether there was an error in the initial decision. However, this review is not able to include new evidence.
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