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Jay Basser 작성일24-07-21 19:00본문
How to File a Veterans Disability Claim
The claim of disability for a veteran is a key component of the application process for benefits. Many veterans earn tax-free earnings when their claims are approved.
It's no secret that the VA is way behind in processing disability claims made by veterans. The decision could take months or even years.
Aggravation
Veterans could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A competent VA lawyer can assist a former servicemember submit an aggravated claim. A claimant must prove through medical evidence or independent opinions that their medical condition prior to serving was made worse by active duty.
Typically, the best way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's opinion the veteran will also have to submit medical records and lay assertions from family members or friends who can confirm the extent of their pre-service injuries.
It is crucial to remember in a claim for a disability benefit for veterans that the aggravated condition must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to prove that their original condition wasn't just aggravated because of military service, however, it was much worse than what it would have been had the aggravating factor hadn't been present.
VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy during the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.
Service-Connected Conditions
To be eligible for benefits, they must show that their illness or disability is related to service. This is known as showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular conditions that develop due to specific amputations linked to service. Veterans with other conditions like PTSD, must provide lay testimony or evidence from those who were their friends during their time in service to connect their condition to a specific incident that occurred during their military service.
A pre-existing medical condition can also be service related in the event that it was aggravated by active duty, and not the natural progression of disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was due to service, and not simply the natural progression.
Certain ailments and injuries are believed to have been caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean tustin lebanon veterans dired or worsened while serving in the military. However, you'll need to be patient during the VA's process of taking a look at and deciding on your application. It could take up to 180 days after the claim has been filed before you get an answer.
There are many factors that can affect how long the VA takes to make an decision on your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you provide. The location of the VA field office which will be evaluating your claim can also impact the length of time required to review.
The frequency you check in with the VA on the status of your claim could influence the time it takes to complete the process. You can speed up the process by submitting evidence whenever you can by being specific with your information regarding the addresses of the medical care facilities that you utilize, and providing any requested information immediately when it becomes available.
If you think there has been an error in the determination of your disability, then you can request a more thorough review. This means that you submit all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the initial decision. However, this review is not able to contain new evidence.
The claim of disability for a veteran is a key component of the application process for benefits. Many veterans earn tax-free earnings when their claims are approved.
It's no secret that the VA is way behind in processing disability claims made by veterans. The decision could take months or even years.
Aggravation
Veterans could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A competent VA lawyer can assist a former servicemember submit an aggravated claim. A claimant must prove through medical evidence or independent opinions that their medical condition prior to serving was made worse by active duty.
Typically, the best way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's opinion the veteran will also have to submit medical records and lay assertions from family members or friends who can confirm the extent of their pre-service injuries.
It is crucial to remember in a claim for a disability benefit for veterans that the aggravated condition must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to prove that their original condition wasn't just aggravated because of military service, however, it was much worse than what it would have been had the aggravating factor hadn't been present.
VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy during the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.
Service-Connected Conditions
To be eligible for benefits, they must show that their illness or disability is related to service. This is known as showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular conditions that develop due to specific amputations linked to service. Veterans with other conditions like PTSD, must provide lay testimony or evidence from those who were their friends during their time in service to connect their condition to a specific incident that occurred during their military service.
A pre-existing medical condition can also be service related in the event that it was aggravated by active duty, and not the natural progression of disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was due to service, and not simply the natural progression.
Certain ailments and injuries are believed to have been caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean tustin lebanon veterans dired or worsened while serving in the military. However, you'll need to be patient during the VA's process of taking a look at and deciding on your application. It could take up to 180 days after the claim has been filed before you get an answer.
There are many factors that can affect how long the VA takes to make an decision on your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you provide. The location of the VA field office which will be evaluating your claim can also impact the length of time required to review.
The frequency you check in with the VA on the status of your claim could influence the time it takes to complete the process. You can speed up the process by submitting evidence whenever you can by being specific with your information regarding the addresses of the medical care facilities that you utilize, and providing any requested information immediately when it becomes available.
If you think there has been an error in the determination of your disability, then you can request a more thorough review. This means that you submit all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the initial decision. However, this review is not able to contain new evidence.
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