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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of their benefit application. Many veterans who have their claims approved receive additional income each month that is tax-free.

It's no secret that VA is a long way behind in processing disability claims from whiteville veterans Disability lawsuit. It can take months or even years for a decision to be made.

Aggravation

Veterans could be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim is called an aggravated impairment and can be either physical or mental. A VA lawyer who is qualified can help an ex-military personnel submit an aggravated disabilities claim. A claimant has to prove either through medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion proving the severity of the pre-service condition. In addition to the physician's statement, the veteran must also submit medical records and lay statements from family or friends who can attest to their pre-service condition.

It is essential to note when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimonies to establish that their original condition wasn't simply aggravated due to military service, but was also more severe than it would have been had the aggravating factor weren't present.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing language in these provisions has led to confusion and disagreement during the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

To be eligible for benefits veterans must show that their health or disability was caused by service. This is called showing "service connection." For some conditions, like ischemic heart disease, or other cardiovascular diseases that arise as a result of service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD veterans have to present documents or evidence from people who knew them in the military, to connect their condition to a specific incident that occurred during their time in service.

A preexisting medical problem could also be service-related when it was made worse through active duty and not caused by the natural progress of the disease. It is best to submit a doctor's report that explains that the aggravation of the condition was caused by service, and not simply the natural progression.

Certain injuries and illnesses are presumed to have been caused or aggravated by service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been caused or worsened by military service. They include AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you, but if they do not, you are able to file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and you would like a higher-level review of your case.

There are two routes to a higher-level review, both of which you must carefully consider. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to previous decisions) review and either reverse the previous decision or affirm the decision. It is possible that you will be able not be required to present new evidence. The other option is to request an appointment with a Veterans Law Judge at the Board of massapequa park veterans disability law firm' Appeals in Washington, D.C.

It is essential to discuss these issues with your VA-accredited attorney. They'll have expertise in this field and know what is the most appropriate option for your particular case. They also understand the challenges that disabled veterans face, which can make them more effective advocates on your behalf.

Time Limits

If you have a disability that was incurred or worsened during military service, you may file a claim to receive compensation. However, you'll need to be patient when it comes to the VA's process for review and deciding on your claim. It could take as long as 180 days after your claim is filed before you are given an answer.

Many factors influence how long it takes the VA to consider your claim. The speed at which your application will be evaluated is largely determined by the volume of evidence that you submit. The location of the field office that handles your claim can also influence how long it takes for the VA to review your claims.

Another factor that can affect the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process by sending all documentation as quickly as you can. You should also provide specific information about the medical center you use, and sending any requested details.

You can request a higher level review if it is your opinion that the decision made on your disability was incorrect. This involves submitting all relevant facts of your case to an experienced reviewer who will determine if there was an error in the initial decision. This review does not contain any new evidence.