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14 Companies Doing An Excellent Job At Veterans Disability Lawyer

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Eusebia 작성일24-07-26 19:30

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How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans who have their claims accepted receive a monthly income that is tax-free.

It's no secret that the VA is way behind in the process of processing disability claims made by veterans. It can take months, even years for a decision to be made.

Aggravation

Hilton Veterans Disability Lawsuit may be qualified for disability compensation if their condition was caused by their military service. This type of claim is referred to as an aggravated impairment and can be either physical or mental. A competent VA lawyer can assist the former service member to file an aggravated disability claim. The claimant must demonstrate using medical evidence or independent opinions that their medical condition prior to serving was made worse by active duty.

Typically the best way to demonstrate that a pre-service condition was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor's opinion in addition, the veteran will be required to provide medical records and lay declarations from family or friends who are able to confirm the severity of their pre-service conditions.

It is vital to remember in a claim to be disabled by a veteran that the aggravated condition must be different from the original disability rating. A disability lawyer can guide a former servicemember on how to present sufficient medical evidence and testimony to establish that their original health condition was not merely aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and disagreement during the process of making claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Service-Connected Conditions

To qualify a veteran for benefits, they must prove that their disability or illness is linked to service. This is known as "service connection." For some conditions, such as Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, such as PTSD veterans are required to provide lay evidence or testimony from people who were their friends in the military, to link their condition with a specific incident that took place during their service.

A pre-existing medical condition could be a result of service if it was aggravated because of active duty and not due to the natural progression of disease. It is recommended to present an official report from a doctor that explains that the aggravation of the condition was due to service, not just the natural development of the disease.

Certain illnesses and injuries are believed to have been incurred or worsened during your military service, you can file a claim and receive compensation. However, you'll need patient when it comes to the VA's process for reviewing and deciding on your application. You may have to wait up to 180 calendar days after submitting your claim before you receive an answer.

Many factors influence how long it takes the VA to decide on your claim. The amount of evidence you submit is a significant factor in how quickly your claim is evaluated. The location of the field office that handles your claim also influences the time it takes for the VA to review your claim.

Another factor that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can help speed up the process by submitting evidence promptly and being specific in your address information for the medical facilities you use, and submitting any requested information when it becomes available.

If you believe that there has been a mistake in the decision made regarding your disability, then you can request a more thorough review. You'll have to submit all the facts of your case to a knowledgeable reviewer who will determine whether there was a mistake in the initial decision. However, this review is not able to contain new evidence.

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