13 Things About Veterans Disability Lawyer You May Not Have Known
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How to File a Veterans Disability Claim
The veteran's claim for disability is a vital element of the application for benefits. Many veterans earn tax-free earnings when their claims are granted.
It's no secret that VA is a long way behind in processing disability claims for veterans. It can take months, even years for a decision to be made.
Aggravation
A veteran might be able to receive disability compensation for the condition that was caused by their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A licensed VA lawyer can assist the former soldier file an aggravated disability claim. A claimant must show, with medical evidence or independent opinions that their medical condition prior to serving was made worse by active duty.
Typically, the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert in the condition of the veteran. In addition to a physician's declaration the veteran will also need to submit medical records and lay assertions from family members or friends who can testify to the extent of their pre-service injuries.
It is crucial to remember in a veterans disability claim that the condition being aggravated has to be different than the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and witness to prove that their previous condition wasn't only aggravated due to military service but was also more severe than 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 & 3.310. The differences in the language of these provisions has led to confusion and debate regarding the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.
Service-Connected Terms
To be eligible for benefits, veterans must prove the condition or disability was caused by service. This is referred to as proving "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that develop because of Amputations that are connected to service, the service connection is automatically granted. For other conditions, such as PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military to prove their condition to an specific incident that occurred during their time of service.
A pre-existing medical problem can also be service related in the case that it was aggravated because of active duty, and not the natural progression of the disease. The most effective way to prove this is to present a doctor's opinion that states that the ailment was due to service and not the normal development of the condition.
Certain illnesses and injuries may be thought to be caused or aggravated due to service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability lawyers as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.
Appeals
The VA has a system for appealing their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf but if not, you may file it yourself. This form is used by the VA to inform them that you disagree with their decision and would prefer a more thorough review of your case.
There are two paths to an upper-level review and both of them are options you should take into consideration. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and either reverse or affirm the decision made earlier. You may be required or not be required to present new evidence. The other path is to request a hearing with an Veterans Law Judge from the Board of veterans disability law firm' Appeals in Washington, D.C.
There are a variety of aspects to consider when selecting the best route for your appeal, and it's crucial to discuss these with your VA-accredited attorney. They have experience and will know the best route for your case. They are also aware of the challenges faced by disabled veterans, which can make them more effective advocates on your behalf.
Time Limits
If you suffer from a disability which was created or worsened during military service, then you may file a claim to receive compensation. However, you'll need to be patient during the VA's process for taking a look at and deciding on your claim. It could take up 180 days after your claim is filed before you are given a decision.
Many factors affect how long it takes the VA to make a decision on your claim. The amount of evidence submitted will play a major role in the speed at which your application is considered. The location of the field office that is responsible for your claim also influences the time it takes for the VA to review your claims.
The frequency you check in with the VA regarding the status of your claim could affect the length of time it takes to finish the process. You can accelerate the process by submitting your evidence promptly and being specific in your address information for the medical facilities you use, and submitting any requested information when it becomes available.
You can request a more thorough review if it is your opinion that the decision made on your disability was unjust. This involves submitting all existing facts in your case to an expert reviewer who can determine whether there was an error in the initial decision. This review does not include any new evidence.
The veteran's claim for disability is a vital element of the application for benefits. Many veterans earn tax-free earnings when their claims are granted.
It's no secret that VA is a long way behind in processing disability claims for veterans. It can take months, even years for a decision to be made.
Aggravation
A veteran might be able to receive disability compensation for the condition that was caused by their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A licensed VA lawyer can assist the former soldier file an aggravated disability claim. A claimant must show, with medical evidence or independent opinions that their medical condition prior to serving was made worse by active duty.
Typically, the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert in the condition of the veteran. In addition to a physician's declaration the veteran will also need to submit medical records and lay assertions from family members or friends who can testify to the extent of their pre-service injuries.
It is crucial to remember in a veterans disability claim that the condition being aggravated has to be different than the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and witness to prove that their previous condition wasn't only aggravated due to military service but was also more severe than 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 & 3.310. The differences in the language of these provisions has led to confusion and debate regarding the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.
Service-Connected Terms
To be eligible for benefits, veterans must prove the condition or disability was caused by service. This is referred to as proving "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that develop because of Amputations that are connected to service, the service connection is automatically granted. For other conditions, such as PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military to prove their condition to an specific incident that occurred during their time of service.
A pre-existing medical problem can also be service related in the case that it was aggravated because of active duty, and not the natural progression of the disease. The most effective way to prove this is to present a doctor's opinion that states that the ailment was due to service and not the normal development of the condition.
Certain illnesses and injuries may be thought to be caused or aggravated due to service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability lawyers as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.
Appeals
The VA has a system for appealing their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf but if not, you may file it yourself. This form is used by the VA to inform them that you disagree with their decision and would prefer a more thorough review of your case.
There are two paths to an upper-level review and both of them are options you should take into consideration. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and either reverse or affirm the decision made earlier. You may be required or not be required to present new evidence. The other path is to request a hearing with an Veterans Law Judge from the Board of veterans disability law firm' Appeals in Washington, D.C.
There are a variety of aspects to consider when selecting the best route for your appeal, and it's crucial to discuss these with your VA-accredited attorney. They have experience and will know the best route for your case. They are also aware of the challenges faced by disabled veterans, which can make them more effective advocates on your behalf.
Time Limits
If you suffer from a disability which was created or worsened during military service, then you may file a claim to receive compensation. However, you'll need to be patient during the VA's process for taking a look at and deciding on your claim. It could take up 180 days after your claim is filed before you are given a decision.
Many factors affect how long it takes the VA to make a decision on your claim. The amount of evidence submitted will play a major role in the speed at which your application is considered. The location of the field office that is responsible for your claim also influences the time it takes for the VA to review your claims.
The frequency you check in with the VA regarding the status of your claim could affect the length of time it takes to finish the process. You can accelerate the process by submitting your evidence promptly and being specific in your address information for the medical facilities you use, and submitting any requested information when it becomes available.
You can request a more thorough review if it is your opinion that the decision made on your disability was unjust. This involves submitting all existing facts in your case to an expert reviewer who can determine whether there was an error in the initial decision. This review does not include any new evidence.
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