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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many Veterans disability law Firms earn tax-free earnings after their claims are approved.

It's no secret that the VA is way behind in the process of processing disability claims for veterans. It can take months or even years, for a decision to be made.

Aggravation

A veteran may be able to receive compensation for disability due to a condition that was made worse by their military service. This kind of claim can be mental or physical. A VA lawyer who is certified can assist an ex-military member file an aggravated disabilities claim. A claimant must prove through medical evidence or an independent opinion, that their medical condition prior to serving was made worse through active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to a doctor's statement in addition, the veteran will need to submit medical records and lay declarations from family members or friends who can testify to the severity of their pre-service condition.

In a claim for a disability benefit for veterans disability lawsuit it is important to remember that the condition being aggravated has to be distinct from the initial disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to prove that their previous condition wasn't simply aggravated due to military service but that it was more severe than what it would have been had the aggravating factor wasn't present.

In order to address this issue VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversies during the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

To be eligible for benefits, they must show that their disability or illness is related to service. This is known as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular conditions that develop because of specific amputations that are connected to service. Veterans suffering from other ailments like PTSD are required to provide witness testimony or lay evidence from people who knew them during their service to link their condition with a specific incident that occurred during their military service.

A preexisting medical condition may also be service-connected if it was aggravated through active duty and not due to the natural progress of the disease. The most effective method to establish this is by submitting the doctor's opinion that the aggravation was due to service, and not the normal development of the condition.

Certain illnesses and injuries may be thought to be caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or caused by service. These are AL amyloidosis, chloracne, other acne-related disorders Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not handle this for you, then you're able to complete it on your own. This form is used by the VA to let them know that you disagree with their decision and would like a more thorough review of your case.

You have two options for a higher level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either reverse or affirm the decision made earlier. You may or not be able to submit new evidence. The other option is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They're experienced and know what's best for your situation. They also know the issues that disabled veterans disability law firms face and can help them become more effective advocates on your behalf.

Time Limits

If you suffer from a condition that was incurred or worsened during military service, then you may file a claim to receive compensation. But you'll need to be patient during the process of reviewing and deciding on your claim. It could take up to 180 days after your claim is filed before you receive a decision.

Many factors can influence how long it takes the VA to make a decision on your claim. The amount of evidence that you submit is a significant factor in the speed at which your application is reviewed. The location of the field office handling your claim will also affect the time it takes for the VA to review your claim.

The frequency you check in with the VA to see the status of your claim could also affect the time it takes to process your claim. You can speed up the process by submitting all evidence as quickly as you can. You should also provide specific details about the medical center you use, and sending any requested information.

You may request a higher-level review if you believe that the decision based on your disability was unjust. This involves submitting all relevant facts of your case to an expert reviewer who can determine if there was an error in the original decision. However, this review is not able to contain new evidence.