9 Things Your Parents Teach You About Veterans Disability Lawyer
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How to File a Veterans Disability Claim
A veteran's disability claim is a critical part of his or her benefit application. Many veterans disability lawsuit receive tax-free income when their claims are approved.
It's not secret that VA is behind in the process of processing claims for disability by veterans. It can take months or even years for a decision to be made.
Aggravation
A veteran may be able get disability compensation in the event of the condition that was made worse by their military service. This kind of claim can be mental or physical. A VA lawyer who is certified can assist an ex-military member make an aggravated disability claim. A claimant must prove by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.
A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to a doctor's report the veteran will also need to submit medical records and lay declarations from family or friends who can testify to the severity of their pre-service conditions.
It is important to note in a claim to be disabled by a veteran that the aggravated conditions must be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to prove that their previous condition wasn't only aggravated due to military service but that it was more severe than it would have been had the aggravating factor wasn't present.
VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversies during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.
Conditions of Service
To be eligible for benefits veterans must prove his or her condition or disability was caused by service. This is referred to as "service connection." For certain ailments, like ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, service connection is automatically granted. Veterans with other conditions such as PTSD, must provide the evidence of lay witnesses or from those who knew them during their service to link their condition with a specific event that occurred during their military service.
A preexisting medical problem could also be service-related in the case that it was aggravated through active duty and not by natural progression of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was due to service, not just the natural progression.
Certain ailments and injuries are believed to be caused or worsened by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are believed to have been caused or aggravated by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.
Appeals
The VA has a system to appeal their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you are able to file it yourself. This form is used to notify the VA you disagree with their decision and you want a higher-level review of your case.
You have two options for a higher level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to the previous decisions) review and either overturn the earlier decision or confirm it. You might or may not be able to present new evidence. You may also request a hearing before an Veterans Law judge at the Board of veterans disability law firms' Appeals, Washington D.C.
There are many factors that go into choosing the best route for your appeal, and it's important to discuss these options with your attorney who is accredited by the VA. They'll have experience and will know the best route for your situation. They are also aware of the difficulties that disabled veterans face and can help them become a stronger advocate on your behalf.
Time Limits
If you have a disability which was created or worsened during military service, you can file a claim to receive compensation. You'll have to be patient as the VA reviews and decides on your application. You could have to wait up to 180 calendar days after filing your claim before you get an answer.
There are many factors that can affect how long the VA takes to make a decision on your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence that you submit. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.
Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by providing all evidence as fast as you can. You should also provide specific details regarding the medical care facility you use, as well as providing any requested information.
You could request a higher-level review if it is your opinion that the decision you were given regarding your disability was incorrect. This involves submitting all the existing facts in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review can't include new evidence.
A veteran's disability claim is a critical part of his or her benefit application. Many veterans disability lawsuit receive tax-free income when their claims are approved.
It's not secret that VA is behind in the process of processing claims for disability by veterans. It can take months or even years for a decision to be made.
Aggravation
A veteran may be able get disability compensation in the event of the condition that was made worse by their military service. This kind of claim can be mental or physical. A VA lawyer who is certified can assist an ex-military member make an aggravated disability claim. A claimant must prove by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.
A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to a doctor's report the veteran will also need to submit medical records and lay declarations from family or friends who can testify to the severity of their pre-service conditions.
It is important to note in a claim to be disabled by a veteran that the aggravated conditions must be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to prove that their previous condition wasn't only aggravated due to military service but that it was more severe than it would have been had the aggravating factor wasn't present.
VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversies during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.
Conditions of Service
To be eligible for benefits veterans must prove his or her condition or disability was caused by service. This is referred to as "service connection." For certain ailments, like ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, service connection is automatically granted. Veterans with other conditions such as PTSD, must provide the evidence of lay witnesses or from those who knew them during their service to link their condition with a specific event that occurred during their military service.
A preexisting medical problem could also be service-related in the case that it was aggravated through active duty and not by natural progression of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was due to service, not just the natural progression.
Certain ailments and injuries are believed to be caused or worsened by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are believed to have been caused or aggravated by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.
Appeals
The VA has a system to appeal their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you are able to file it yourself. This form is used to notify the VA you disagree with their decision and you want a higher-level review of your case.
You have two options for a higher level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to the previous decisions) review and either overturn the earlier decision or confirm it. You might or may not be able to present new evidence. You may also request a hearing before an Veterans Law judge at the Board of veterans disability law firms' Appeals, Washington D.C.
There are many factors that go into choosing the best route for your appeal, and it's important to discuss these options with your attorney who is accredited by the VA. They'll have experience and will know the best route for your situation. They are also aware of the difficulties that disabled veterans face and can help them become a stronger advocate on your behalf.
Time Limits
If you have a disability which was created or worsened during military service, you can file a claim to receive compensation. You'll have to be patient as the VA reviews and decides on your application. You could have to wait up to 180 calendar days after filing your claim before you get an answer.
There are many factors that can affect how long the VA takes to make a decision on your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence that you submit. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.
Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by providing all evidence as fast as you can. You should also provide specific details regarding the medical care facility you use, as well as providing any requested information.
You could request a higher-level review if it is your opinion that the decision you were given regarding your disability was incorrect. This involves submitting all the existing facts in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review can't include new evidence.
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