9 Things Your Parents Taught You About Veterans Disability Lawyer
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How to File a Veterans Disability Claim
A veteran's disability claim is an essential element of their benefit application. Many veterans get tax-free income after their claims are approved.
It's not secret that VA is behind in the processing of claims for disability from veterans. It could take months, even years, for a decision to be made.
Aggravation
A veteran may be able to receive disability compensation for an illness that was caused by their military service. This type of claim can be physical or mental. A qualified VA lawyer can assist the former soldier submit an aggravated claim. A claimant has to prove, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.
Typically, the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the veteran's disability. In addition to the doctor's opinion in addition, the veteran will require medical records and lay assertions from family or friends who can confirm the severity of their pre-service conditions.
In a veterans disability claim it is important to be aware that the aggravated condition must differ from the original disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide sufficient medical evidence and testimony to prove that their original condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.
In addressing this issue, VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and controversies regarding the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Conditions
In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is linked to service. This is known as proving "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular disease that develops due to specific amputations connected to service. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military, to connect their condition to a specific incident that occurred during their time in service.
A preexisting medical problem could also be service-related in the event that it was aggravated through active duty and not caused by the natural progression of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was due to service, and not the natural development of the disease.
Certain injuries and illnesses can be presumed to be caused or aggravated because of treatment. These are referred to 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 also presumed to have been caused or worsened by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here for more details about these probable diseases.
Appeals
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.
There are two paths to a more thorough review one of which you should carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or maintain the decision. You may be required or not to submit new proof. The other option is to request an appointment before a veterans disability attorneys Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss these aspects with your VA-accredited lawyer. They'll have expertise in this field and know what makes the most sense for your particular case. They also know the issues that disabled veterans face, which can make them more effective advocates on your behalf.
Time Limits
You can apply for compensation if you have a disability that you acquired or worsened in the course of serving in the military. You'll have to be patient as the VA examines and decides on your application. You may need to wait up to 180 calendar days after submitting your claim before receiving an answer.
There are many variables that affect the time the VA takes to make an decision on your claim. The amount of evidence you provide will play a big role in the speed at which your application is considered. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.
Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can help accelerate the process by submitting your evidence as soon as possible, being specific in your information regarding the addresses of the medical care facilities that you utilize, and providing any requested information as soon as it is available.
If you believe that there was a mistake in the decision on your disability, you may request a higher-level review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review does not contain any new evidence.
A veteran's disability claim is an essential element of their benefit application. Many veterans get tax-free income after their claims are approved.
It's not secret that VA is behind in the processing of claims for disability from veterans. It could take months, even years, for a decision to be made.
Aggravation
A veteran may be able to receive disability compensation for an illness that was caused by their military service. This type of claim can be physical or mental. A qualified VA lawyer can assist the former soldier submit an aggravated claim. A claimant has to prove, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.
Typically, the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the veteran's disability. In addition to the doctor's opinion in addition, the veteran will require medical records and lay assertions from family or friends who can confirm the severity of their pre-service conditions.
In a veterans disability claim it is important to be aware that the aggravated condition must differ from the original disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide sufficient medical evidence and testimony to prove that their original condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.
In addressing this issue, VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and controversies regarding the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Conditions
In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is linked to service. This is known as proving "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular disease that develops due to specific amputations connected to service. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military, to connect their condition to a specific incident that occurred during their time in service.
A preexisting medical problem could also be service-related in the event that it was aggravated through active duty and not caused by the natural progression of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was due to service, and not the natural development of the disease.
Certain injuries and illnesses can be presumed to be caused or aggravated because of treatment. These are referred to 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 also presumed to have been caused or worsened by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here for more details about these probable diseases.
Appeals
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.
There are two paths to a more thorough review one of which you should carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or maintain the decision. You may be required or not to submit new proof. The other option is to request an appointment before a veterans disability attorneys Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss these aspects with your VA-accredited lawyer. They'll have expertise in this field and know what makes the most sense for your particular case. They also know the issues that disabled veterans face, which can make them more effective advocates on your behalf.
Time Limits
You can apply for compensation if you have a disability that you acquired or worsened in the course of serving in the military. You'll have to be patient as the VA examines and decides on your application. You may need to wait up to 180 calendar days after submitting your claim before receiving an answer.
There are many variables that affect the time the VA takes to make an decision on your claim. The amount of evidence you provide will play a big role in the speed at which your application is considered. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.
Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can help accelerate the process by submitting your evidence as soon as possible, being specific in your information regarding the addresses of the medical care facilities that you utilize, and providing any requested information as soon as it is available.
If you believe that there was a mistake in the decision on your disability, you may request a higher-level review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review does not contain any new evidence.
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