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How to File a Veterans Disability Claim
A veteran's disability claim is an essential part of their benefit application. Many veterans are eligible for tax-free income when their claims are approved.
It's no secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.
Aggravation
Veterans could be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim is called an aggravated disability. It could be either physical or mental. A competent VA lawyer can assist the former service member submit an aggravated claim. A claimant needs to prove either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
Typically, the best way to prove that a pre-service condition was aggravated is through an independent medical opinion by an expert doctor who is specialized in the disabled veteran. In addition to a doctor's statement in addition, the veteran will require medical records and lay assertions from family or friends who can attest to the severity of their pre-service conditions.
It is essential to note in a claim to be disabled by a veteran that the condition being aggravated has to be different than the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to prove that their original condition wasn't simply aggravated due to military service, but it was worse than it would have been if the aggravating factor had not been present.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and disagreement in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
In order for a veteran to be eligible for benefits, firm they must show that their condition or illness is related to service. This is known as showing "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases and other cardiovascular disease that develops because of specific amputations that are connected to service. For other conditions, like PTSD veterans have to present documents or evidence from people who were their friends in the military, to link their condition to a specific incident that occurred during their time of service.
A pre-existing medical problem can be a service-related issue in the event that it was aggravated because of active duty, and not the natural progression of disease. The most effective way to prove this is by providing an opinion from a doctor that states that the aggravation was due to service, and not the normal development of the condition.
Certain injuries and illnesses are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or caused by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.
Appeals
The VA has a process to appeal their decision regarding whether or not they will grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf but if not, you may file it yourself. This form allows you to inform the VA you disagree with their decision and that you would like a more thorough review of your case.
There are two ways to get an upscale review that you should carefully consider. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review is given to previous decisions) review and either overturn the earlier decision or firm confirm it. You might or may not be able to submit new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, firm Washington D.C.
There are a variety of factors that go into choosing the most effective route for your appeal, so it is important to discuss these issues with your attorney who is accredited by the VA. They'll have experience and know what is best for your case. They also understand the challenges faced by disabled veterans and can be more effective advocates for you.
Time Limits
You can claim compensation if you have an impairment that you acquired or worsened as a result of serving in the military. However, you'll need patient when it comes to the process of taking a look at and deciding on your application. It could take up to 180 calendar days after submitting your claim before you receive an answer.
Many factors can influence how long it takes the VA to consider your claim. The amount of evidence that you submit will play a significant role in how quickly your claim is considered. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.
How often you check in with the VA regarding the status of your claim can affect the time it takes to finish the process. You can speed up the claim process by sending all documentation as quickly as you can. You should also provide specific information about the medical facility you use, and providing any requested details.
If you believe that there was an error in the decision made regarding your disability, then you can request a higher-level review. This involves submitting all existing facts in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review cannot include any new evidence.
A veteran's disability claim is an essential part of their benefit application. Many veterans are eligible for tax-free income when their claims are approved.
It's no secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.
Aggravation
Veterans could be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim is called an aggravated disability. It could be either physical or mental. A competent VA lawyer can assist the former service member submit an aggravated claim. A claimant needs to prove either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
Typically, the best way to prove that a pre-service condition was aggravated is through an independent medical opinion by an expert doctor who is specialized in the disabled veteran. In addition to a doctor's statement in addition, the veteran will require medical records and lay assertions from family or friends who can attest to the severity of their pre-service conditions.
It is essential to note in a claim to be disabled by a veteran that the condition being aggravated has to be different than the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to prove that their original condition wasn't simply aggravated due to military service, but it was worse than it would have been if the aggravating factor had not been present.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and disagreement in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
In order for a veteran to be eligible for benefits, firm they must show that their condition or illness is related to service. This is known as showing "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases and other cardiovascular disease that develops because of specific amputations that are connected to service. For other conditions, like PTSD veterans have to present documents or evidence from people who were their friends in the military, to link their condition to a specific incident that occurred during their time of service.
A pre-existing medical problem can be a service-related issue in the event that it was aggravated because of active duty, and not the natural progression of disease. The most effective way to prove this is by providing an opinion from a doctor that states that the aggravation was due to service, and not the normal development of the condition.
Certain injuries and illnesses are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or caused by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.
Appeals
The VA has a process to appeal their decision regarding whether or not they will grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf but if not, you may file it yourself. This form allows you to inform the VA you disagree with their decision and that you would like a more thorough review of your case.
There are two ways to get an upscale review that you should carefully consider. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review is given to previous decisions) review and either overturn the earlier decision or firm confirm it. You might or may not be able to submit new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, firm Washington D.C.
There are a variety of factors that go into choosing the most effective route for your appeal, so it is important to discuss these issues with your attorney who is accredited by the VA. They'll have experience and know what is best for your case. They also understand the challenges faced by disabled veterans and can be more effective advocates for you.
Time Limits
You can claim compensation if you have an impairment that you acquired or worsened as a result of serving in the military. However, you'll need patient when it comes to the process of taking a look at and deciding on your application. It could take up to 180 calendar days after submitting your claim before you receive an answer.
Many factors can influence how long it takes the VA to consider your claim. The amount of evidence that you submit will play a significant role in how quickly your claim is considered. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.
How often you check in with the VA regarding the status of your claim can affect the time it takes to finish the process. You can speed up the claim process by sending all documentation as quickly as you can. You should also provide specific information about the medical facility you use, and providing any requested details.
If you believe that there was an error in the decision made regarding your disability, then you can request a higher-level review. This involves submitting all existing facts in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review cannot include any new evidence.
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