9 . What Your Parents Teach You About Veterans Disability Lawyer
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How to File a Veterans Disability Claim
The claim of a disabled veteran is a crucial component of the application process for benefits. Many veterans who have their claims accepted receive additional monthly income that is tax-free.
It's no secret that the VA is way behind in the process of processing disability claims from veterans disability attorney. It can take months, even years, for a final decision to be made.
Aggravation
A veteran could be eligible to receive disability compensation for the condition that was worsened due to their military service. This type of claim could be either mental or physical. A licensed VA lawyer can help the former soldier submit an aggravated claim. A claimant has to prove either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
Typically, the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion the veteran will have to submit medical records and lay assertions from family or friends who are able to confirm the severity of their pre-service condition.
In a veterans disability claim it is crucial to keep in mind that the condition being aggravated has to be different from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony to establish that their original condition wasn't only aggravated because of military service, but that it was more severe than it would have been if the aggravating factor wasn't 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 difference in the wording of these provisions has led to confusion and controversy during the process of filing claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.
Conditions that are associated with Service
To qualify for benefits, a veteran must prove that the cause of their impairment or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular diseases that arise as a result specific amputations linked to service. For other conditions, such as PTSD veterans have to present the evidence of laypeople or people who knew them in the military, to link their condition with a specific incident that took place during their time in service.
A preexisting medical problem could be service-related in the case that it was aggravated by their active duty service and not by natural progression of the disease. It is best to submit an explanation from a doctor that the deterioration of the condition was caused by service and not the natural progress of the disease.
Certain injuries and illnesses are presumed 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 and radiation exposure among Prisoners of War and veterans disability other Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been caused or aggravated from service. These are AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information regarding these presumptive diseases.
Appeals
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, then you're able to complete the process on your own. This form is used by the VA to let them know that you are not satisfied with their decision, and would prefer a more thorough review of your case.
There are two paths to a more thorough review that you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no consideration is given to previous decisions) review and either overturn the previous decision or affirm it. You could or might not be able submit new evidence. The other option is to request an interview with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss all of these factors with your VA-accredited attorney. They will have experience and know what's best for your situation. They also know the difficulties faced by disabled veterans, which makes them an ideal advocate for you.
Time Limits
You can claim compensation if you have an impairment that you acquired or veterans Disability worsened as a result of serving in the military. But you'll need to be patient when it comes to the VA's process of review and deciding on your claim. It may take up to 180 days after the claim has been filed before you receive an answer.
There are many variables that influence how long the VA will take to make a decision on your claim. The amount of evidence submitted will play a major role in how quickly your application is evaluated. The location of the VA field office which will be reviewing your claim can also influence how long it takes.
How often you check in with the VA on the status of your claim could affect the length of time it takes to process. You can speed up the claim process by submitting all evidence as quickly as you can, and providing specific details regarding the medical facility you use, as well as sending any requested details.
You could request a higher-level review if you believe that the decision you were given regarding your disability was not correct. This involves submitting all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the initial decision. However, this review can't include new evidence.
The claim of a disabled veteran is a crucial component of the application process for benefits. Many veterans who have their claims accepted receive additional monthly income that is tax-free.
It's no secret that the VA is way behind in the process of processing disability claims from veterans disability attorney. It can take months, even years, for a final decision to be made.
Aggravation
A veteran could be eligible to receive disability compensation for the condition that was worsened due to their military service. This type of claim could be either mental or physical. A licensed VA lawyer can help the former soldier submit an aggravated claim. A claimant has to prove either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
Typically, the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion the veteran will have to submit medical records and lay assertions from family or friends who are able to confirm the severity of their pre-service condition.
In a veterans disability claim it is crucial to keep in mind that the condition being aggravated has to be different from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony to establish that their original condition wasn't only aggravated because of military service, but that it was more severe than it would have been if the aggravating factor wasn't 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 difference in the wording of these provisions has led to confusion and controversy during the process of filing claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.
Conditions that are associated with Service
To qualify for benefits, a veteran must prove that the cause of their impairment or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular diseases that arise as a result specific amputations linked to service. For other conditions, such as PTSD veterans have to present the evidence of laypeople or people who knew them in the military, to link their condition with a specific incident that took place during their time in service.
A preexisting medical problem could be service-related in the case that it was aggravated by their active duty service and not by natural progression of the disease. It is best to submit an explanation from a doctor that the deterioration of the condition was caused by service and not the natural progress of the disease.
Certain injuries and illnesses are presumed 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 and radiation exposure among Prisoners of War and veterans disability other Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been caused or aggravated from service. These are AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information regarding these presumptive diseases.
Appeals
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, then you're able to complete the process on your own. This form is used by the VA to let them know that you are not satisfied with their decision, and would prefer a more thorough review of your case.
There are two paths to a more thorough review that you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no consideration is given to previous decisions) review and either overturn the previous decision or affirm it. You could or might not be able submit new evidence. The other option is to request an interview with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss all of these factors with your VA-accredited attorney. They will have experience and know what's best for your situation. They also know the difficulties faced by disabled veterans, which makes them an ideal advocate for you.
Time Limits
You can claim compensation if you have an impairment that you acquired or veterans Disability worsened as a result of serving in the military. But you'll need to be patient when it comes to the VA's process of review and deciding on your claim. It may take up to 180 days after the claim has been filed before you receive an answer.
There are many variables that influence how long the VA will take to make a decision on your claim. The amount of evidence submitted will play a major role in how quickly your application is evaluated. The location of the VA field office which will be reviewing your claim can also influence how long it takes.
How often you check in with the VA on the status of your claim could affect the length of time it takes to process. You can speed up the claim process by submitting all evidence as quickly as you can, and providing specific details regarding the medical facility you use, as well as sending any requested details.
You could request a higher-level review if you believe that the decision you were given regarding your disability was not correct. This involves submitting all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the initial decision. However, this review can't include new evidence.
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