9 Lessons 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 important component of his or her benefit application. Many veterans earn tax-free earnings after their claims are approved.
It's not secret that VA is behind in the process of processing claims for disability by veterans. The process can take months or even years.
Aggravation
Veterans could be entitled to disability compensation if their condition was aggravated by their military service. This kind of claim can be physical or mental. A licensed VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant has to prove, with medical evidence or independent opinions that their pre-service medical condition was made worse through active duty.
Typically the best way to demonstrate that a pre-service issue was made worse is by obtaining an independent medical opinion from a physician who specializes in the veteran's disability. In addition to the doctor's statement the veteran should also submit medical records and the lay statements of family or friends who can attest to their pre-service condition.
In a veterans disability claim, it is important to keep in mind that the aggravated condition has to be different from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to prove that their previous condition wasn't just aggravated by military service, but was also more severe than what it would have been if the aggravating factor hadn't been present.
In order to address this issue VA is proposing to realign the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and controversies during the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Terms
To qualify for benefits, the veteran must prove that the condition or disability was caused by service. This is referred to as "service connection." For certain diseases, such as ischemic heart disease, or other cardiovascular diseases that develop as a result of specific services-connected amputations is granted automatically. For other conditions, like PTSD, veterans disability law firms must provide witnesses or lay evidence from people who knew them in the military, to connect their condition to an specific incident that took place during their time in service.
A pre-existing medical condition could also be service related in the case that it was aggravated by active duty and not just the natural progression of disease. It is best to provide an explanation from a doctor that the aggravation of the condition was due to service, and not the natural progression of the disease.
Certain injuries and illnesses can be attributed to or aggravated because of treatment. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability law firm radiation exposure in prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been caused or aggravated from service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.
Appeal
The VA has a procedure for appeals to appeal their decision on whether or not to grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may complete this for you however if not, you can do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you would like a more thorough review of your case.
There are two paths to an upscale review and both of them are options you must carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and either reverse or affirm the earlier decision. You might or may not be able submit new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are a variety of aspects to consider when selecting the most appropriate route for your appeal, so it is important to discuss these options with your VA-accredited attorney. They'll have experience and know what's best for your situation. They are also well-versed in the difficulties that disabled veterans face and can be more effective advocates for you.
Time Limits
If you suffer from a physical or mental impairment that was incurred or worsened in the military, you may file a claim to receive compensation. But you'll have to be patient when it comes to the VA's process for considering and deciding about the merits of your claim. It may take up to 180 days after the claim has been submitted before you get a decision.
There are a variety of factors which can impact the length of time the VA will take to reach a decision on your claim. The speed at which your claim will be reviewed is largely determined by the volume of evidence you provide. The location of the VA field office that will be reviewing your claim can also impact the length of time it takes.
How often you check in with the VA to see the status of your claim could affect the time it takes to finish the process. You can speed up the process by submitting evidence promptly, being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information immediately when it becomes available.
You can request a more thorough review if it is your opinion that the decision made on your disability was wrong. You will need to submit all the facts of your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. However, this review is not able to include any new evidence.
A veteran's disability claim is an important component of his or her benefit application. Many veterans earn tax-free earnings after their claims are approved.
It's not secret that VA is behind in the process of processing claims for disability by veterans. The process can take months or even years.
Aggravation
Veterans could be entitled to disability compensation if their condition was aggravated by their military service. This kind of claim can be physical or mental. A licensed VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant has to prove, with medical evidence or independent opinions that their pre-service medical condition was made worse through active duty.
Typically the best way to demonstrate that a pre-service issue was made worse is by obtaining an independent medical opinion from a physician who specializes in the veteran's disability. In addition to the doctor's statement the veteran should also submit medical records and the lay statements of family or friends who can attest to their pre-service condition.
In a veterans disability claim, it is important to keep in mind that the aggravated condition has to be different from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to prove that their previous condition wasn't just aggravated by military service, but was also more severe than what it would have been if the aggravating factor hadn't been present.
In order to address this issue VA is proposing to realign the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and controversies during the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Terms
To qualify for benefits, the veteran must prove that the condition or disability was caused by service. This is referred to as "service connection." For certain diseases, such as ischemic heart disease, or other cardiovascular diseases that develop as a result of specific services-connected amputations is granted automatically. For other conditions, like PTSD, veterans disability law firms must provide witnesses or lay evidence from people who knew them in the military, to connect their condition to an specific incident that took place during their time in service.
A pre-existing medical condition could also be service related in the case that it was aggravated by active duty and not just the natural progression of disease. It is best to provide an explanation from a doctor that the aggravation of the condition was due to service, and not the natural progression of the disease.
Certain injuries and illnesses can be attributed to or aggravated because of treatment. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability law firm radiation exposure in prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been caused or aggravated from service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.
Appeal
The VA has a procedure for appeals to appeal their decision on whether or not to grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may complete this for you however if not, you can do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you would like a more thorough review of your case.
There are two paths to an upscale review and both of them are options you must carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and either reverse or affirm the earlier decision. You might or may not be able submit new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are a variety of aspects to consider when selecting the most appropriate route for your appeal, so it is important to discuss these options with your VA-accredited attorney. They'll have experience and know what's best for your situation. They are also well-versed in the difficulties that disabled veterans face and can be more effective advocates for you.
Time Limits
If you suffer from a physical or mental impairment that was incurred or worsened in the military, you may file a claim to receive compensation. But you'll have to be patient when it comes to the VA's process for considering and deciding about the merits of your claim. It may take up to 180 days after the claim has been submitted before you get a decision.
There are a variety of factors which can impact the length of time the VA will take to reach a decision on your claim. The speed at which your claim will be reviewed is largely determined by the volume of evidence you provide. The location of the VA field office that will be reviewing your claim can also impact the length of time it takes.
How often you check in with the VA to see the status of your claim could affect the time it takes to finish the process. You can speed up the process by submitting evidence promptly, being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information immediately when it becomes available.
You can request a more thorough review if it is your opinion that the decision made on your disability was wrong. You will need to submit all the facts of your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. However, this review is not able to include any new evidence.
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