9 . What 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 an important part of their benefit application. Many veterans disability lawyers are eligible for tax-free income when their claims are approved.
It's not a secret that VA is behind in processing veteran disability claims. A decision can take months or even years.
Aggravation
A veteran may be able to claim disability compensation for a condition worsened due to their military service. This type of claim is known as an aggravated disability. It can be mental or physical. A VA lawyer who is qualified can assist an ex-military person to file a claim for aggravated disabilities. A claimant has to prove by proving medical evidence or independent opinions, that their medical condition prior to service was aggravated through active duty.
Typically, the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to a doctor's statement the veteran will also need to submit medical records and lay statements from family or friends who can testify to the severity of their pre-service conditions.
In a claim for disability benefits for veterans it is important to keep in mind that the aggravated condition must differ from the original disability rating. A disability attorney can advise an ex-servicemember on how to present sufficient medical evidence and proof that their condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.
VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these provisions has led to confusion and controversy during the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.
Conditions Associated with Service
To be eligible for benefits a veteran must prove that his or her impairment or illness was caused by service. This is known as showing "service connection." For certain conditions, like ischemic heart disease or other cardiovascular diseases that arise as a result of service-connected amputations, service connection is granted automatically. Veterans suffering from other ailments, like PTSD are required to provide lay testimony or evidence from those who knew them during their service to establish a connection between their condition to an specific event that occurred during their military service.
A pre-existing medical condition can be a service-related issue when it was made worse because of active duty and not due to the natural progression of the disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.
Certain injuries and illnesses can be believed to be caused or aggravated due to service. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean Veterans Disability Lawyer and radiation exposure in Prisoners of war, and various Gulf War conditions. Some chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.
Appeals
The VA has a procedure to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf however if not, you are able to file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.
There are two options for a higher-level review and both of them are options you should take into consideration. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and then either reverse or affirm the earlier decision. You might or may not be able submit new evidence. The other path is to request an appointment with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is crucial to discuss these issues with your lawyer who is accredited by the VA. They will have experience in this field and know what makes the most sense for your particular situation. They are also well-versed in the difficulties faced by disabled veterans, which makes them a better advocate for you.
Time Limits
You can seek compensation if you have a disability that was 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 claim. It could take up to 180 calendar days after filing your claim before you get a decision.
There are a variety of factors which can impact the length of time the VA takes to make an decision on your claim. The amount of evidence you provide will play a major role in the speed at which your claim is evaluated. The location of the VA field office that will be reviewing your claim could also impact how long it takes.
Another factor that could affect the time it takes your claim to be processed is how often you contact the VA to check on the status of your claim. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as possible, providing specific details about the medical center you use, as well as sending any requested details.
If you believe that there was an error in the decision regarding your disability, you are able to request a higher-level review. This involves submitting all facts that exist in your case to an expert reviewer who can determine whether there was an error in the original decision. This review does not contain any new evidence.
A veteran's disability claim is an important part of their benefit application. Many veterans disability lawyers are eligible for tax-free income when their claims are approved.
It's not a secret that VA is behind in processing veteran disability claims. A decision can take months or even years.
Aggravation
A veteran may be able to claim disability compensation for a condition worsened due to their military service. This type of claim is known as an aggravated disability. It can be mental or physical. A VA lawyer who is qualified can assist an ex-military person to file a claim for aggravated disabilities. A claimant has to prove by proving medical evidence or independent opinions, that their medical condition prior to service was aggravated through active duty.
Typically, the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to a doctor's statement the veteran will also need to submit medical records and lay statements from family or friends who can testify to the severity of their pre-service conditions.
In a claim for disability benefits for veterans it is important to keep in mind that the aggravated condition must differ from the original disability rating. A disability attorney can advise an ex-servicemember on how to present sufficient medical evidence and proof that their condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.
VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these provisions has led to confusion and controversy during the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.
Conditions Associated with Service
To be eligible for benefits a veteran must prove that his or her impairment or illness was caused by service. This is known as showing "service connection." For certain conditions, like ischemic heart disease or other cardiovascular diseases that arise as a result of service-connected amputations, service connection is granted automatically. Veterans suffering from other ailments, like PTSD are required to provide lay testimony or evidence from those who knew them during their service to establish a connection between their condition to an specific event that occurred during their military service.
A pre-existing medical condition can be a service-related issue when it was made worse because of active duty and not due to the natural progression of the disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.
Certain injuries and illnesses can be believed to be caused or aggravated due to service. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean Veterans Disability Lawyer and radiation exposure in Prisoners of war, and various Gulf War conditions. Some chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.
Appeals
The VA has a procedure to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf however if not, you are able to file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.
There are two options for a higher-level review and both of them are options you should take into consideration. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and then either reverse or affirm the earlier decision. You might or may not be able submit new evidence. The other path is to request an appointment with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is crucial to discuss these issues with your lawyer who is accredited by the VA. They will have experience in this field and know what makes the most sense for your particular situation. They are also well-versed in the difficulties faced by disabled veterans, which makes them a better advocate for you.
Time Limits
You can seek compensation if you have a disability that was 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 claim. It could take up to 180 calendar days after filing your claim before you get a decision.
There are a variety of factors which can impact the length of time the VA takes to make an decision on your claim. The amount of evidence you provide will play a major role in the speed at which your claim is evaluated. The location of the VA field office that will be reviewing your claim could also impact how long it takes.
Another factor that could affect the time it takes your claim to be processed is how often you contact the VA to check on the status of your claim. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as possible, providing specific details about the medical center you use, as well as sending any requested details.
If you believe that there was an error in the decision regarding your disability, you are able to request a higher-level review. This involves submitting all facts that exist in your case to an expert reviewer who can determine whether there was an error in the original decision. This review does not contain any new evidence.
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