The 9 Things 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 who have their claims accepted receive additional monthly income which is tax-free.
It's no secret that the VA is a long way behind in the process of processing disability claims made by veterans. The process can take months or even years.
Aggravation
Veterans may be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim can be either mental or physical. A VA lawyer who is competent can assist an ex-military personnel make an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions that their condition prior to service was made worse by active duty.
A doctor who is an expert on the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to a doctor's statement in addition, the veteran will need to submit medical records as well as lay statements from friends or family members who can confirm the severity of their pre-service conditions.
In a veterans Disability lawyer disability claim it is important to remember that the aggravated condition must be different from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and witness to prove that their original condition wasn't simply aggravated due to 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 change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and disagreement in the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and veterans disability lawyer confusion.
Conditions that are associated with Service
To be eligible for benefits a veteran must prove that the cause of their impairment or illness was caused by service. This is known as showing "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, service connection is granted automatically. For other conditions, like PTSD veterans are required to provide lay evidence or testimony from those who knew them during the military, in order to connect their condition to a specific incident that occurred during their 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 most effective method to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not the normal development of the condition.
Certain illnesses and injuries are presumed to have been caused or worsened by service. These are called "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans disability, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been caused or aggravated from service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.
Appeals
The VA has a procedure to appeal their decision on whether or not they will grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf, but if they do 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 paths to an upscale review one of which you must carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to prior decisions) review and either reverse the earlier decision or maintain the decision. You may be able or not required to submit a new proof. You may also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many aspects to consider when selecting the best route for your appeal, and it is important to discuss these options with your attorney who is accredited by the VA. They have experience and know the best option for your situation. They are also aware of the difficulties that disabled veterans face and can be more effective advocates for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened during your time in the military. However, you'll need to be patient with the process of reviewing and deciding on your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.
There are many variables that influence how long the VA will take to make a decision on your claim. The speed at which your application will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office which will be evaluating your claim will also affect how long it takes.
Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the claim process by providing all evidence as fast as you can, including specific details about the medical facility you use, and providing any requested details.
You may request a higher-level review if you believe that the decision based on your disability was wrong. This involves submitting all evidence in your case to an experienced reviewer who will determine whether there was an error in the initial decision. This review does not include any new evidence.
A veteran's disability claim is an important element of their benefit application. Many veterans who have their claims accepted receive additional monthly income which is tax-free.
It's no secret that the VA is a long way behind in the process of processing disability claims made by veterans. The process can take months or even years.
Aggravation
Veterans may be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim can be either mental or physical. A VA lawyer who is competent can assist an ex-military personnel make an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions that their condition prior to service was made worse by active duty.
A doctor who is an expert on the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to a doctor's statement in addition, the veteran will need to submit medical records as well as lay statements from friends or family members who can confirm the severity of their pre-service conditions.
In a veterans Disability lawyer disability claim it is important to remember that the aggravated condition must be different from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and witness to prove that their original condition wasn't simply aggravated due to 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 change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and disagreement in the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and veterans disability lawyer confusion.
Conditions that are associated with Service
To be eligible for benefits a veteran must prove that the cause of their impairment or illness was caused by service. This is known as showing "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, service connection is granted automatically. For other conditions, like PTSD veterans are required to provide lay evidence or testimony from those who knew them during the military, in order to connect their condition to a specific incident that occurred during their 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 most effective method to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not the normal development of the condition.
Certain illnesses and injuries are presumed to have been caused or worsened by service. These are called "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans disability, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been caused or aggravated from service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.
Appeals
The VA has a procedure to appeal their decision on whether or not they will grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf, but if they do 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 paths to an upscale review one of which you must carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to prior decisions) review and either reverse the earlier decision or maintain the decision. You may be able or not required to submit a new proof. You may also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many aspects to consider when selecting the best route for your appeal, and it is important to discuss these options with your attorney who is accredited by the VA. They have experience and know the best option for your situation. They are also aware of the difficulties that disabled veterans face and can be more effective advocates for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened during your time in the military. However, you'll need to be patient with the process of reviewing and deciding on your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.
There are many variables that influence how long the VA will take to make a decision on your claim. The speed at which your application will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office which will be evaluating your claim will also affect how long it takes.
Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the claim process by providing all evidence as fast as you can, including specific details about the medical facility you use, and providing any requested details.
You may request a higher-level review if you believe that the decision based on your disability was wrong. This involves submitting all evidence in your case to an experienced reviewer who will determine whether there was an error in the initial decision. This review does not include any new evidence.
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