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 element of their benefit application. Many veterans receive tax-free income when their claims are accepted.
It's no secret that the VA is way behind in the process of processing disability claims for veterans. The decision could take months or even years.
Aggravation
Veterans could be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim may be either mental or physical. A VA lawyer who is competent can assist a former military member file an aggravated disabilities claim. A claimant needs to prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.
Typically the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion, the veteran will also have to submit medical records and lay assertions from family members or friends who are able to confirm the seriousness of their pre-service ailments.
In a veterans disability claim it is essential to note that the aggravated condition has to be different from the original disability rating. An attorney who is a disability attorney can help the former soldier on how to present sufficient medical evidence and testimony to prove that their condition was not only caused through military service, but was worse than it would have been without the aggravating factor.
In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversies regarding the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
In order for a veteran to be eligible for benefits, they must show that their condition or illness is connected to service. This is called showing "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that develop due to specific amputations that are connected to service. For other conditions, like PTSD the veterans disability lawyers must present the evidence of laypeople or people who were their friends in the military, to link their condition to a specific incident that occurred during their time of service.
A preexisting medical issue could also be service-related if it was aggravated through active duty and not due to the natural progression of the disease. The best method to prove this is by providing the opinion of a doctor that the ailment was due to service, and not the normal development of the condition.
Certain ailments and injuries are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or triggered by service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these presumptive illnesses.
Appeals
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. The VA-accredited attorney you have chosen will submit this form on your behalf however, if not, you are able to file it yourself. This form is used by the VA to inform them that you disagree with their decision and want a higher level review of your case.
You have two options for a higher level review. Both options should be carefully considered. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either overturn or affirm the earlier decision. You might or may not be able to present new evidence. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are a variety of factors to consider when choosing the best route for your appeal, so it's crucial to discuss these with your attorney who is accredited by the VA. They will have experience and will know the best route for your situation. They are also well-versed in the difficulties faced by disabled veterans, which makes them more effective advocates for you.
Time Limits
If you suffer from a physical or mental impairment which was created or worsened in the military, you can file a claim and receive compensation. But you'll need to be patient when it comes to the VA's process of review and deciding on your claim. You could have to wait up to 180 calendar days after submitting your claim before receiving a decision.
Many factors influence how long it takes the VA to determine your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence you submit. The location of the VA field office who will review your claim can also influence the length of time it takes.
The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to process your claim. You can accelerate the process of filing a claim by sending all documentation as quickly as you can, and providing specific information regarding the medical care facility you use, and sending any requested information.
If you believe that there has been an error in the decision regarding your disability, you are able to request a higher-level review. You'll have to submit all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.
A veteran's disability claim is an important element of their benefit application. Many veterans receive tax-free income when their claims are accepted.
It's no secret that the VA is way behind in the process of processing disability claims for veterans. The decision could take months or even years.
Aggravation
Veterans could be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim may be either mental or physical. A VA lawyer who is competent can assist a former military member file an aggravated disabilities claim. A claimant needs to prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.
Typically the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion, the veteran will also have to submit medical records and lay assertions from family members or friends who are able to confirm the seriousness of their pre-service ailments.
In a veterans disability claim it is essential to note that the aggravated condition has to be different from the original disability rating. An attorney who is a disability attorney can help the former soldier on how to present sufficient medical evidence and testimony to prove that their condition was not only caused through military service, but was worse than it would have been without the aggravating factor.
In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversies regarding the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
In order for a veteran to be eligible for benefits, they must show that their condition or illness is connected to service. This is called showing "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that develop due to specific amputations that are connected to service. For other conditions, like PTSD the veterans disability lawyers must present the evidence of laypeople or people who were their friends in the military, to link their condition to a specific incident that occurred during their time of service.
A preexisting medical issue could also be service-related if it was aggravated through active duty and not due to the natural progression of the disease. The best method to prove this is by providing the opinion of a doctor that the ailment was due to service, and not the normal development of the condition.
Certain ailments and injuries are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or triggered by service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these presumptive illnesses.
Appeals
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. The VA-accredited attorney you have chosen will submit this form on your behalf however, if not, you are able to file it yourself. This form is used by the VA to inform them that you disagree with their decision and want a higher level review of your case.
You have two options for a higher level review. Both options should be carefully considered. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either overturn or affirm the earlier decision. You might or may not be able to present new evidence. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are a variety of factors to consider when choosing the best route for your appeal, so it's crucial to discuss these with your attorney who is accredited by the VA. They will have experience and will know the best route for your situation. They are also well-versed in the difficulties faced by disabled veterans, which makes them more effective advocates for you.
Time Limits
If you suffer from a physical or mental impairment which was created or worsened in the military, you can file a claim and receive compensation. But you'll need to be patient when it comes to the VA's process of review and deciding on your claim. You could have to wait up to 180 calendar days after submitting your claim before receiving a decision.
Many factors influence how long it takes the VA to determine your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence you submit. The location of the VA field office who will review your claim can also influence the length of time it takes.
The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to process your claim. You can accelerate the process of filing a claim by sending all documentation as quickly as you can, and providing specific information regarding the medical care facility you use, and sending any requested information.
If you believe that there has been an error in the decision regarding your disability, you are able to request a higher-level review. You'll have to submit all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.
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