How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans who have their claims approved receive a monthly income which is tax-free.

It's not a secret that the VA is way behind in processing disability claims made by minden veterans disability attorney. The decision could take months or even years.

Aggravation

st charles veterans disability law firm may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability. It could be either physical or mental. A VA lawyer who is certified can assist an ex-military member to file a claim for khay.co.kr aggravated disabilities. A claimant must show using medical evidence or independent opinions that their pre-service medical condition was made worse by active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion proving the severity of the pre-service condition. In addition to the doctor's opinion, the veteran will also need to submit medical records and lay statements from friends or family members who can confirm the severity of their pre-service conditions.

It is important to note in a veterans disability claim that the condition being aggravated has to differ from the original disability rating. A disability lawyer can guide a former servicemember on how to provide the proper medical evidence and proof that their original health condition was not merely aggravated through military service, but actually 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 and 3.310. The different language of these provisions has caused confusion and debate 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 Terms

In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is related to their service. This is known as showing "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD the veterans must present witnesses or lay evidence from people who were their friends in the military, to connect their condition to a specific incident that took place during their time of service.

A preexisting medical issue could be service-related when it was made worse by their active duty service and not caused by the natural progression of the disease. The most effective method to establish this is by submitting the doctor's opinion that the ailment was due to service and not the normal progression of the disease.

Certain ailments and injuries are presumed to have been caused or aggravated by the service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Vimeo.com Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or caused by military service. This includes AL amyloidosis, as well as other acne-related illnesses, suprememasterchinghai.net such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here for more information about these presumptive illnesses.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is filing a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you however if not, you may file it yourself. This form is used by the VA to let them know that you do not agree with their decision and would like a more thorough review of your case.

There are two options available for a higher level review. Both options should be carefully considered. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no review is given to previous decisions) review and either overturn the earlier decision or uphold it. It is possible that you will be able not required to submit a new proof. You may also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They're experienced and know what is best for your case. They are also well-versed in the challenges faced by disabled veterans and can be an ideal advocate for you.

Time Limits

You can seek compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. You'll need to wait as the VA evaluates and makes a decision on your application. It may take up to 180 days after the claim has been filed before you receive an answer.

There are many factors which can impact the length of time the VA will take to reach a decision on your claim. The amount of evidence submitted will play a big role in how quickly your claim is considered. The location of the field office that is responsible for your claim also influences the time it will take for the VA to review your claim.

Another factor that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the progress of your claim. You can help accelerate the process by providing evidence whenever you can by being specific with your information regarding the addresses of the medical care facilities you use, and submitting any requested information as soon as it's available.

You can request a more thorough review if you believe the decision based on your disability was incorrect. You must submit all the facts of your case to an experienced reviewer, who can determine whether there an error in the initial decision. However, this review cannot include any new evidence.