9 Lessons 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 crucial part of his or her benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax-free.
It's no secret that VA is behind in processing veteran disability claims. The process can take months or even years.
Aggravation
Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It could be mental or physical. A VA lawyer who is competent can assist an ex-military member submit an aggravated disabilities claim. A claimant needs to prove, through medical evidence or independent opinions that their condition prior to service was made worse by active duty.
A physician who is an expert in the disability of the veteran can offer an independent medical opinion proving the severity of the condition prior to service. In addition to a physician's declaration, the veteran will also be required to provide medical records and lay statements from friends or family members who are able to confirm the severity of their pre-service condition.
In a veterans disability attorney disability claim it is essential to remember that the condition being aggravated has to be distinct from the initial disability rating. A disability attorney can advise a former servicemember on how to provide sufficient medical evidence and proof that their condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.
In order to address this issue, VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and controversy in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.
Conditions that are associated with Service
In order for a veteran to be eligible for benefits, they must demonstrate that their condition or illness is related to service. This is referred to as proving "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases and other cardiovascular conditions that develop due to specific amputations connected to service. For other conditions, like PTSD veterans have to present lay evidence or testimony from people who were close to them in the military to prove their condition with a specific incident that took place during their time of service.
A preexisting medical problem could be a result of service when it was made worse through active duty and not due to the natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was caused by service, not just the natural progress of the disease.
Certain illnesses and injuries are believed to have been caused or aggravated by the 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. Some chronic diseases and tropical illnesses are thought to be aggravated or caused by service. These include AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.
Appeals
The VA has a process to appeal their decision on whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you can do it on your own. This form is used by the VA to let them know that you are not satisfied with their decision and want a higher level review of your case.
There are two options for a higher level review. Both options should be considered carefully. One option is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference to the decision made previously) and then either reverse or uphold the earlier decision. You might or may not be able submit new evidence. Another option is to request an interview before an Veterans Law Judge from the Board of veterans disability attorney' Appeals in Washington, D.C.
There are many factors that go into choosing the best lane for your appeal, and it's crucial to discuss these with your attorney who is accredited by the VA. They have experience and know what's best for your situation. They are also aware of the challenges faced by disabled veterans, which can make them more effective advocates for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that was acquired or worsened while serving in the military. However, you'll need patient with the VA's process of taking a look at and deciding on the merits of your claim. It could take as long as 180 days after your claim is filed before you are given an answer.
There are many variables that can affect how long the VA will take to make an assessment of your claim. The amount of evidence submitted will play a major role in the speed at which your application is evaluated. The location of the VA field office which will be reviewing your claim can also influence how long it takes.
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 proof promptly and by providing specific address details for the medical care facilities you use, and sending any requested information immediately when it becomes available.
If you believe there has been a mistake in the decision on your disability, you may request a more thorough review. You'll have to submit all the facts regarding your case to an experienced reviewer who will determine whether there an error in the original decision. This review doesn't contain any new evidence.
A veteran's disability claim is a crucial part of his or her benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax-free.
It's no secret that VA is behind in processing veteran disability claims. The process can take months or even years.
Aggravation
Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It could be mental or physical. A VA lawyer who is competent can assist an ex-military member submit an aggravated disabilities claim. A claimant needs to prove, through medical evidence or independent opinions that their condition prior to service was made worse by active duty.
A physician who is an expert in the disability of the veteran can offer an independent medical opinion proving the severity of the condition prior to service. In addition to a physician's declaration, the veteran will also be required to provide medical records and lay statements from friends or family members who are able to confirm the severity of their pre-service condition.
In a veterans disability attorney disability claim it is essential to remember that the condition being aggravated has to be distinct from the initial disability rating. A disability attorney can advise a former servicemember on how to provide sufficient medical evidence and proof that their condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.
In order to address this issue, VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and controversy in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.
Conditions that are associated with Service
In order for a veteran to be eligible for benefits, they must demonstrate that their condition or illness is related to service. This is referred to as proving "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases and other cardiovascular conditions that develop due to specific amputations connected to service. For other conditions, like PTSD veterans have to present lay evidence or testimony from people who were close to them in the military to prove their condition with a specific incident that took place during their time of service.
A preexisting medical problem could be a result of service when it was made worse through active duty and not due to the natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was caused by service, not just the natural progress of the disease.
Certain illnesses and injuries are believed to have been caused or aggravated by the 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. Some chronic diseases and tropical illnesses are thought to be aggravated or caused by service. These include AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.
Appeals
The VA has a process to appeal their decision on whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you can do it on your own. This form is used by the VA to let them know that you are not satisfied with their decision and want a higher level review of your case.
There are two options for a higher level review. Both options should be considered carefully. One option is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference to the decision made previously) and then either reverse or uphold the earlier decision. You might or may not be able submit new evidence. Another option is to request an interview before an Veterans Law Judge from the Board of veterans disability attorney' Appeals in Washington, D.C.
There are many factors that go into choosing the best lane for your appeal, and it's crucial to discuss these with your attorney who is accredited by the VA. They have experience and know what's best for your situation. They are also aware of the challenges faced by disabled veterans, which can make them more effective advocates for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that was acquired or worsened while serving in the military. However, you'll need patient with the VA's process of taking a look at and deciding on the merits of your claim. It could take as long as 180 days after your claim is filed before you are given an answer.
There are many variables that can affect how long the VA will take to make an assessment of your claim. The amount of evidence submitted will play a major role in the speed at which your application is evaluated. The location of the VA field office which will be reviewing your claim can also influence how long it takes.
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 proof promptly and by providing specific address details for the medical care facilities you use, and sending any requested information immediately when it becomes available.
If you believe there has been a mistake in the decision on your disability, you may request a more thorough review. You'll have to submit all the facts regarding your case to an experienced reviewer who will determine whether there an error in the original decision. This review doesn't contain any new evidence.