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How to File a Veterans Disability Claim
A veteran's disability claim is an important part of their benefit application. Many veterans receive tax-free income when their claims are granted.
It's no secret that VA is way behind in the process of processing disability claims made by veterans disability compensation. It can take months or even years for a decision to be made.
Aggravation
Veterans Disability Lawyer - Www.Todaysparent.Com, could be qualified for veterans disability lawyer disability compensation if their condition was made more difficult by their military service. This type of claim could be physical or mental. A VA lawyer who is certified can assist an ex-military personnel make an aggravated disability claim. The claimant must prove, through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.
A physician who is an expert in the veteran's disability can provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to the doctor's opinion the veteran will also have to submit medical records and lay declarations from friends or family members who can attest to the extent of their pre-service injuries.
It is crucial to remember in a claim to be disabled by a veteran that the aggravated condition must differ from the original disability rating. A disability attorney can advise a former servicemember on how to provide sufficient medical evidence and evidence to show that their original condition was not only aggravated by military service, but actually worse than it would have been without the aggravating factor.
VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has created confusion and controversies in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Terms
To qualify for benefits, veterans disability lawyers must show that the cause of their impairment or illness was caused by service. This is known as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular disease that develops as a result specific amputations connected to service. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who were close to them in the military, to connect their condition to a specific incident that occurred during their time of service.
A preexisting medical condition may also be service-connected if it was aggravated by their active duty service and not caused by the natural progress of the disease. It is best to provide a doctor's report that explains that the aggravation of the condition was caused by service, and not the natural development of the disease.
Certain injuries and illnesses can be attributed to or aggravated by treatment. These are called "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and different Gulf War conditions. Some chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. These are AL amyloidosis, chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.
Appeal
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not do this for you, then you're able to do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you would like a more thorough review of your case.
There are two options for a higher level review. Both should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the decision made previously) and then either reverse or affirm the earlier decision. You could be able or not to submit new proof. You can also request an appointment with a veterans disability attorneys Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many factors that go into choosing the best route for your appeal, and it's essential to discuss these options with your attorney who is accredited by the VA. They'll have experience in this area and will know what is the most appropriate option for your particular case. They are also familiar with the difficulties that disabled veterans face which makes them an effective advocate for you.
Time Limits
You can seek compensation if you have a disability that you acquired or worsened while serving in the military. However, you'll need patient during the VA's process of taking a look at and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before you get a decision.
There are many factors that can affect how long the VA is able to make an informed decision on your claim. The amount of evidence submitted will play a big role in the speed at which your application is considered. The location of the field office responsible for your claim can also influence the time it will take for the VA to review your claim.
Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to check on the progress of your claim. You can help accelerate the process by providing evidence whenever you can and being specific in your address information for the medical care facilities that you use, and sending any requested information as soon as it is available.
You can request a higher level review if it is your opinion that the decision based on your disability was not correct. This means that you submit all the existing facts in your case to a senior reviewer who can determine whether there was an error in the original decision. But, this review will not contain new evidence.
A veteran's disability claim is an important part of their benefit application. Many veterans receive tax-free income when their claims are granted.
It's no secret that VA is way behind in the process of processing disability claims made by veterans disability compensation. It can take months or even years for a decision to be made.
Aggravation
Veterans Disability Lawyer - Www.Todaysparent.Com, could be qualified for veterans disability lawyer disability compensation if their condition was made more difficult by their military service. This type of claim could be physical or mental. A VA lawyer who is certified can assist an ex-military personnel make an aggravated disability claim. The claimant must prove, through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.
A physician who is an expert in the veteran's disability can provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to the doctor's opinion the veteran will also have to submit medical records and lay declarations from friends or family members who can attest to the extent of their pre-service injuries.
It is crucial to remember in a claim to be disabled by a veteran that the aggravated condition must differ from the original disability rating. A disability attorney can advise a former servicemember on how to provide sufficient medical evidence and evidence to show that their original condition was not only aggravated by military service, but actually worse than it would have been without the aggravating factor.
VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has created confusion and controversies in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Terms
To qualify for benefits, veterans disability lawyers must show that the cause of their impairment or illness was caused by service. This is known as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular disease that develops as a result specific amputations connected to service. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who were close to them in the military, to connect their condition to a specific incident that occurred during their time of service.
A preexisting medical condition may also be service-connected if it was aggravated by their active duty service and not caused by the natural progress of the disease. It is best to provide a doctor's report that explains that the aggravation of the condition was caused by service, and not the natural development of the disease.
Certain injuries and illnesses can be attributed to or aggravated by treatment. These are called "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and different Gulf War conditions. Some chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. These are AL amyloidosis, chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.
Appeal
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not do this for you, then you're able to do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you would like a more thorough review of your case.
There are two options for a higher level review. Both should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the decision made previously) and then either reverse or affirm the earlier decision. You could be able or not to submit new proof. You can also request an appointment with a veterans disability attorneys Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many factors that go into choosing the best route for your appeal, and it's essential to discuss these options with your attorney who is accredited by the VA. They'll have experience in this area and will know what is the most appropriate option for your particular case. They are also familiar with the difficulties that disabled veterans face which makes them an effective advocate for you.
Time Limits
You can seek compensation if you have a disability that you acquired or worsened while serving in the military. However, you'll need patient during the VA's process of taking a look at and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before you get a decision.
There are many factors that can affect how long the VA is able to make an informed decision on your claim. The amount of evidence submitted will play a big role in the speed at which your application is considered. The location of the field office responsible for your claim can also influence the time it will take for the VA to review your claim.
Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to check on the progress of your claim. You can help accelerate the process by providing evidence whenever you can and being specific in your address information for the medical care facilities that you use, and sending any requested information as soon as it is available.
You can request a higher level review if it is your opinion that the decision based on your disability was not correct. This means that you submit all the existing facts in your case to a senior reviewer who can determine whether there was an error in the original decision. But, this review will not contain new evidence.
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