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 a crucial element of their benefit application. Many veterans disability lawyers who have their claims accepted receive an additional monthly income which is tax-free.
It's not a secret that the VA is a long way behind in processing disability claims from veterans. A decision can take months or even years.
Aggravation
A veteran might be able to receive compensation for disability due to an illness that was worsened by their military service. This kind of claim can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member file an aggravated disabilities claim. The claimant must prove by proving medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.
Typically, the best way to demonstrate that a condition prior to service was aggravated is through an independent medical opinion by an expert in the disability of veterans. In addition to the physician's statement, the veteran must also provide medical records as well as statements from family members or friends who can attest to their pre-service condition.
In a veterans disability claim it is crucial to keep in mind that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to prove that their previous condition wasn't just aggravated because of military service, but it was worse than it would have been if the aggravating factor hadn't been present.
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 difference in the wording of these provisions has caused confusion and disagreement during the process of filing claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.
Service-Connected Conditions
To be eligible for benefits, a veteran must prove that the condition or disability was caused by service. This is called showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular disease that develops due to specific service-connected amputations. For other conditions, such as PTSD the veterans must present witnesses or lay evidence from people who were close to them in the military, in order to connect their condition to an specific incident that took place during their time in service.
A pre-existing medical problem can be service-related if it was aggravated by active duty, and not the natural progression of disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was due to service, and not simply the natural progress of the disease.
Certain injuries and illnesses may be believed to be caused or aggravated due to service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been resulted or aggravated by military service. They include AL amyloidosis and chloracne as well as other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.
Appeals
The VA has a procedure for appeals to appeal their decision regarding whether or not to grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you however if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would like a more thorough review of your case.
There are two options to request an additional level review. Both should be considered carefully. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will perform a de novo (no consideration of previous decisions) review and either overturn the earlier decision or maintain the decision. You could or might not be able to submit new evidence. The other path is to request a hearing with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these issues with your VA-accredited attorney. They're experienced and will know the best route for your situation. They are also familiar with the challenges that disabled veterans face, which makes them a better advocate for you.
Time Limits
If you suffer from a disability which was created or worsened in the military, you can file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your application. You may have to wait up to 180 calendar days after filing your claim to receive a decision.
There are a variety of factors that affect the time the VA will take to reach an assessment of your claim. The amount of evidence submitted will play a significant role in the speed at which your claim is reviewed. The location of the field office that handles your claim will also impact the time it will take for the VA to review your claims.
The frequency you check in with the VA on the status of your claim could influence the time it takes to process. You can speed up the process by providing evidence as soon as you can and being specific in your address details for the medical facilities you utilize, and providing any requested information as soon as it is available.
If you believe that there was a mistake in the determination of your disability, you can request a more thorough review. This requires you to submit all evidence in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review cannot include any new evidence.
A veteran's disability claim is a crucial element of their benefit application. Many veterans disability lawyers who have their claims accepted receive an additional monthly income which is tax-free.
It's not a secret that the VA is a long way behind in processing disability claims from veterans. A decision can take months or even years.
Aggravation
A veteran might be able to receive compensation for disability due to an illness that was worsened by their military service. This kind of claim can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member file an aggravated disabilities claim. The claimant must prove by proving medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.
Typically, the best way to demonstrate that a condition prior to service was aggravated is through an independent medical opinion by an expert in the disability of veterans. In addition to the physician's statement, the veteran must also provide medical records as well as statements from family members or friends who can attest to their pre-service condition.
In a veterans disability claim it is crucial to keep in mind that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to prove that their previous condition wasn't just aggravated because of military service, but it was worse than it would have been if the aggravating factor hadn't been present.
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 difference in the wording of these provisions has caused confusion and disagreement during the process of filing claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.
Service-Connected Conditions
To be eligible for benefits, a veteran must prove that the condition or disability was caused by service. This is called showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular disease that develops due to specific service-connected amputations. For other conditions, such as PTSD the veterans must present witnesses or lay evidence from people who were close to them in the military, in order to connect their condition to an specific incident that took place during their time in service.
A pre-existing medical problem can be service-related if it was aggravated by active duty, and not the natural progression of disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was due to service, and not simply the natural progress of the disease.
Certain injuries and illnesses may be believed to be caused or aggravated due to service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been resulted or aggravated by military service. They include AL amyloidosis and chloracne as well as other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.
Appeals
The VA has a procedure for appeals to appeal their decision regarding whether or not to grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you however if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would like a more thorough review of your case.
There are two options to request an additional level review. Both should be considered carefully. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will perform a de novo (no consideration of previous decisions) review and either overturn the earlier decision or maintain the decision. You could or might not be able to submit new evidence. The other path is to request a hearing with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these issues with your VA-accredited attorney. They're experienced and will know the best route for your situation. They are also familiar with the challenges that disabled veterans face, which makes them a better advocate for you.
Time Limits
If you suffer from a disability which was created or worsened in the military, you can file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your application. You may have to wait up to 180 calendar days after filing your claim to receive a decision.
There are a variety of factors that affect the time the VA will take to reach an assessment of your claim. The amount of evidence submitted will play a significant role in the speed at which your claim is reviewed. The location of the field office that handles your claim will also impact the time it will take for the VA to review your claims.
The frequency you check in with the VA on the status of your claim could influence the time it takes to process. You can speed up the process by providing evidence as soon as you can and being specific in your address details for the medical facilities you utilize, and providing any requested information as soon as it is available.
If you believe that there was a mistake in the determination of your disability, you can request a more thorough review. This requires you to submit all evidence in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review cannot include any new evidence.
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