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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 wildwood veterans disability lawyer who have their claims accepted receive additional income each month which is tax-free.
It's not a secret that VA is behind in the process of processing claims for disability by veterans. It can take months, even years, for a decision to be made.
Aggravation
baxley veterans disability lawyer could be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim can be mental or physical. A VA lawyer who is qualified can help a former military member to file a claim for aggravated disabilities. A claimant has to prove by proving medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.
Typically, the most effective method to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from a physician who specializes in the disabled veteran. In addition to a doctor's statement the veteran will also need to submit medical records as well as lay statements from friends or family members who can testify to the severity of their pre-service conditions.
It is essential to note in a claim for a disability benefit for veterans that the condition being aggravated has to differ from the original disability rating. A disability attorney can advise an ex-servicemember on how to provide the proper medical evidence and testimony to prove that their condition was not just aggravated by military service, but was worse than it would have been without the aggravating factor.
In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and disagreement during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.
Service-Connected Terms
To be eligible for benefits, veterans must show that their condition or disability was caused by service. This is known as proving "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that arise because of services-connected amputations is automatically granted. For other conditions, such as PTSD pembroke pines veterans disability lawyer have to present lay evidence or testimony from people who were close to them in the military, to connect their condition with a specific incident that took place during their time of service.
A pre-existing medical problem can also be service related when it was made worse by active duty and not due to the natural progression of disease. The best method to prove this is by providing the opinion of a doctor that the ailment was due to service, and not the normal progression of the condition.
Certain injuries and illnesses can be believed to be caused or aggravated because of treatment. 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 different Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or aggravated from service. These are AL amyloidosis, chloracne, other acneform diseases Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.
Appeal
The VA has a system to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney will likely complete this for you however if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.
There are two paths to an upscale review one of which you should take into consideration. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or confirm it. You may be able or not to submit new proof. The other path is to request an appointment before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss all of these issues with your VA-accredited lawyer. They'll have experience in this field and know the best option for your particular situation. They are also well-versed in the difficulties faced by disabled veterans which makes them an effective advocate for you.
Time Limits
You may be eligible for compensation if you suffer from an illness that you developed or worsened as a result of serving in the military. You'll need to be patient while the VA reviews and decides on your application. It could take up to 180 days after your claim is filed before you receive an answer.
Numerous factors can affect the time it takes for VA to decide on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is evaluated. The location of the field office that handles your claim will also affect how long it takes for the VA to review your claim.
Another aspect that could affect the time required for 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. You should also provide specific information about the medical care facility you use, and providing any requested details.
You may request a higher-level review if it is your opinion that the decision made on your disability was not correct. You'll need to provide all the facts of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the initial decision. This review doesn't contain any new evidence.
A veteran's disability claim is a critical element of their benefit application. Many wildwood veterans disability lawyer who have their claims accepted receive additional income each month which is tax-free.
It's not a secret that VA is behind in the process of processing claims for disability by veterans. It can take months, even years, for a decision to be made.
Aggravation
baxley veterans disability lawyer could be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim can be mental or physical. A VA lawyer who is qualified can help a former military member to file a claim for aggravated disabilities. A claimant has to prove by proving medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.
Typically, the most effective method to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from a physician who specializes in the disabled veteran. In addition to a doctor's statement the veteran will also need to submit medical records as well as lay statements from friends or family members who can testify to the severity of their pre-service conditions.
It is essential to note in a claim for a disability benefit for veterans that the condition being aggravated has to differ from the original disability rating. A disability attorney can advise an ex-servicemember on how to provide the proper medical evidence and testimony to prove that their condition was not just aggravated by military service, but was worse than it would have been without the aggravating factor.
In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and disagreement during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.
Service-Connected Terms
To be eligible for benefits, veterans must show that their condition or disability was caused by service. This is known as proving "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that arise because of services-connected amputations is automatically granted. For other conditions, such as PTSD pembroke pines veterans disability lawyer have to present lay evidence or testimony from people who were close to them in the military, to connect their condition with a specific incident that took place during their time of service.
A pre-existing medical problem can also be service related when it was made worse by active duty and not due to the natural progression of disease. The best method to prove this is by providing the opinion of a doctor that the ailment was due to service, and not the normal progression of the condition.
Certain injuries and illnesses can be believed to be caused or aggravated because of treatment. 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 different Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or aggravated from service. These are AL amyloidosis, chloracne, other acneform diseases Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.
Appeal
The VA has a system to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney will likely complete this for you however if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.
There are two paths to an upscale review one of which you should take into consideration. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or confirm it. You may be able or not to submit new proof. The other path is to request an appointment before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss all of these issues with your VA-accredited lawyer. They'll have experience in this field and know the best option for your particular situation. They are also well-versed in the difficulties faced by disabled veterans which makes them an effective advocate for you.
Time Limits
You may be eligible for compensation if you suffer from an illness that you developed or worsened as a result of serving in the military. You'll need to be patient while the VA reviews and decides on your application. It could take up to 180 days after your claim is filed before you receive an answer.
Numerous factors can affect the time it takes for VA to decide on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is evaluated. The location of the field office that handles your claim will also affect how long it takes for the VA to review your claim.
Another aspect that could affect the time required for 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. You should also provide specific information about the medical care facility you use, and providing any requested details.
You may request a higher-level review if it is your opinion that the decision made on your disability was not correct. You'll need to provide all the facts of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the initial decision. This review doesn't contain any new evidence.
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