9 . What 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 critical part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income that is tax-free.
It's no secret that VA is behind in processing veteran disability claims. It can take months or even years for a determination to be made.
Aggravation
Veterans may be qualified for disability compensation if their condition was caused by their military service. This kind of claim can be mental or physical. A qualified VA lawyer can assist the former service member make an aggravated disability claim. The claimant must prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.
Typically the best way to prove that a pre-service issue was aggravated is to get an independent medical opinion from an expert in the disability of veterans. In addition to the doctor's opinion the veteran will require medical records and lay declarations from family or friends who can attest to the seriousness of their pre-service ailments.
In a veterans disability claim it is essential to keep in mind that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to prove that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.
Service-Connected Conditions
In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is connected to service. This is known as showing "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific service-connected amputations, service connection is granted automatically. Veterans with other conditions such as PTSD need to provide witness testimony or lay evidence from people who knew them during their time in the military to connect their condition with a specific incident that occurred during their military service.
A pre-existing medical condition can be service-related in the event that it was aggravated because of active duty, and not the natural progression of disease. The most effective method to demonstrate this is to provide the doctor's opinion that the aggravation was due to service and not just the normal development of the condition.
Certain illnesses and injuries may be believed to be caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyer radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or aggravated by service. They include AL amyloidosis, chloracne or other acneform diseases Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more details on these presumptive diseases, click here.
Appeal
The VA has a system to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to complete the process on your own. This form is used to inform the VA you disagree with their decision and that you'd like to have a more thorough review of your case.
There are two paths to an upper-level review and both of them are options you should take into consideration. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. You might or may not be allowed to submit new evidence. The other option is to request an appointment with an veterans disability law firms Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is crucial to discuss these aspects with your VA-accredited lawyer. They will have experience in this area and will know what is the most appropriate option for your particular case. They also know the challenges that disabled veterans face which makes them more effective advocates for you.
Time Limits
If you suffer from a condition that was incurred or worsened during your military service, you can file a claim to receive compensation. You'll need to wait while the VA reviews and decides on your application. It could take up to 180 calendar days after filing your claim before you receive an answer.
There are a variety of factors that affect the time the VA is able to make an decision on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence that you submit. The location of the field office that handles your claim will also affect the time it will take for the VA to review your claims.
How often you check in with the VA to check the status of your claim can also affect the time it takes to complete the process. You can help accelerate the process by submitting your evidence as soon as possible, being specific in your details regarding the address of the medical care facilities that you use, and sending any requested information as soon as it is available.
You could request a higher-level review if you feel that the decision based on your disability was wrong. You'll have to submit all the facts of your case to an experienced reviewer, letts.org who will decide whether there was a mistake in the initial decision. The review doesn't include any new evidence.
A veteran's disability claim is a critical part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income that is tax-free.
It's no secret that VA is behind in processing veteran disability claims. It can take months or even years for a determination to be made.
Aggravation
Veterans may be qualified for disability compensation if their condition was caused by their military service. This kind of claim can be mental or physical. A qualified VA lawyer can assist the former service member make an aggravated disability claim. The claimant must prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.
Typically the best way to prove that a pre-service issue was aggravated is to get an independent medical opinion from an expert in the disability of veterans. In addition to the doctor's opinion the veteran will require medical records and lay declarations from family or friends who can attest to the seriousness of their pre-service ailments.
In a veterans disability claim it is essential to keep in mind that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to prove that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.
Service-Connected Conditions
In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is connected to service. This is known as showing "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific service-connected amputations, service connection is granted automatically. Veterans with other conditions such as PTSD need to provide witness testimony or lay evidence from people who knew them during their time in the military to connect their condition with a specific incident that occurred during their military service.
A pre-existing medical condition can be service-related in the event that it was aggravated because of active duty, and not the natural progression of disease. The most effective method to demonstrate this is to provide the doctor's opinion that the aggravation was due to service and not just the normal development of the condition.
Certain illnesses and injuries may be believed to be caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyer radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or aggravated by service. They include AL amyloidosis, chloracne or other acneform diseases Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more details on these presumptive diseases, click here.
Appeal
The VA has a system to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to complete the process on your own. This form is used to inform the VA you disagree with their decision and that you'd like to have a more thorough review of your case.
There are two paths to an upper-level review and both of them are options you should take into consideration. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. You might or may not be allowed to submit new evidence. The other option is to request an appointment with an veterans disability law firms Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is crucial to discuss these aspects with your VA-accredited lawyer. They will have experience in this area and will know what is the most appropriate option for your particular case. They also know the challenges that disabled veterans face which makes them more effective advocates for you.
Time Limits
If you suffer from a condition that was incurred or worsened during your military service, you can file a claim to receive compensation. You'll need to wait while the VA reviews and decides on your application. It could take up to 180 calendar days after filing your claim before you receive an answer.
There are a variety of factors that affect the time the VA is able to make an decision on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence that you submit. The location of the field office that handles your claim will also affect the time it will take for the VA to review your claims.
How often you check in with the VA to check the status of your claim can also affect the time it takes to complete the process. You can help accelerate the process by submitting your evidence as soon as possible, being specific in your details regarding the address of the medical care facilities that you use, and sending any requested information as soon as it is available.
You could request a higher-level review if you feel that the decision based on your disability was wrong. You'll have to submit all the facts of your case to an experienced reviewer, letts.org who will decide whether there was a mistake in the initial decision. The review doesn't include any new evidence.
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