9 Lessons Your Parents Teach You About Veterans Disability Lawyer
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How to File a Veterans Disability Lawyer Disability Claim
The claim of a veteran for disability is a crucial component of the application process for benefits. Many veterans get tax-free income when their claims are granted.
It's no secret that VA is way behind in the process of processing disability claims made by 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 could be mental or physical. A skilled VA lawyer can help a former servicemember file an aggravated disability claim. The claimant must prove either through medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.
A physician who is an expert in the veteran's disability can provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the doctor's report, the veteran is required to submit medical records and lay statements from family or friends who can attest to their pre-service condition.
In a veterans disability lawsuit disability claim it is essential to be aware that the condition that is aggravated must be distinct from the initial disability rating. An attorney for disability can guide a former servicemember on how to provide the proper medical evidence and proof that their original condition was not just aggravated through military service, but actually worse than it would have been had it not been for 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 differences in the language of these provisions has created confusion and controversies in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.
Service-Connected Conditions
For a veteran to qualify for benefits, they have to prove that their disability or illness is linked to service. This is known as "service connection." Service connection is automatically granted for certain ailments, like ischemic heart diseases or other cardiovascular diseases that arise due to specific service-connected amputations. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military, in order to connect their illness to a specific incident that occurred during their time in service.
A preexisting medical condition could also be service-related when it was made worse by their active duty service and not by natural progression of the disease. It is best to provide a doctor's report that explains that the aggravation of the condition was caused by service, and not simply the natural progress of the disease.
Certain injuries and illnesses can be presumed to be caused or aggravated due to treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or aggravated from 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 to learn more regarding these presumptive diseases.
Appeals
The VA has a system to appeal their decision as to whether or not they will grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you however if not, you can do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and you would like a higher-level review of your case.
There are two options available for higher-level review. Both options should be considered carefully. One option is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference to the earlier decision) and then either reverse or affirm the earlier decision. You could be able or not be required to present new evidence. You may also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They'll have experience in this area and will know what makes sense for your specific case. They are also aware of the challenges that disabled veterans face and can be a stronger advocate on your behalf.
Time Limits
If you have a disability that was caused or aggravated during military service, then you can file a claim and receive compensation. You'll need to be patient while the VA reviews and decides on your claim. It could take up 180 days after your claim is filed before you receive a decision.
Many factors influence the time it takes for the VA to determine your claim. How quickly your application will be evaluated is largely determined by the volume of evidence that you submit. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.
How often you check in with the VA to see the status of your claim could also affect the time it takes to process your claim. You can speed up the process by providing evidence promptly by being specific with your address details for the medical facilities you use, and sending any requested information immediately when it becomes available.
If you believe that there was an error in the decision on your disability, then you can request a higher-level review. You'll need to provide all the facts regarding your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. This review does not include any new evidence.
The claim of a veteran for disability is a crucial component of the application process for benefits. Many veterans get tax-free income when their claims are granted.
It's no secret that VA is way behind in the process of processing disability claims made by 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 could be mental or physical. A skilled VA lawyer can help a former servicemember file an aggravated disability claim. The claimant must prove either through medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.
A physician who is an expert in the veteran's disability can provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the doctor's report, the veteran is required to submit medical records and lay statements from family or friends who can attest to their pre-service condition.
In a veterans disability lawsuit disability claim it is essential to be aware that the condition that is aggravated must be distinct from the initial disability rating. An attorney for disability can guide a former servicemember on how to provide the proper medical evidence and proof that their original condition was not just aggravated through military service, but actually worse than it would have been had it not been for 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 differences in the language of these provisions has created confusion and controversies in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.
Service-Connected Conditions
For a veteran to qualify for benefits, they have to prove that their disability or illness is linked to service. This is known as "service connection." Service connection is automatically granted for certain ailments, like ischemic heart diseases or other cardiovascular diseases that arise due to specific service-connected amputations. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military, in order to connect their illness to a specific incident that occurred during their time in service.
A preexisting medical condition could also be service-related when it was made worse by their active duty service and not by natural progression of the disease. It is best to provide a doctor's report that explains that the aggravation of the condition was caused by service, and not simply the natural progress of the disease.
Certain injuries and illnesses can be presumed to be caused or aggravated due to treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or aggravated from 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 to learn more regarding these presumptive diseases.
Appeals
The VA has a system to appeal their decision as to whether or not they will grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you however if not, you can do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and you would like a higher-level review of your case.
There are two options available for higher-level review. Both options should be considered carefully. One option is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference to the earlier decision) and then either reverse or affirm the earlier decision. You could be able or not be required to present new evidence. You may also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They'll have experience in this area and will know what makes sense for your specific case. They are also aware of the challenges that disabled veterans face and can be a stronger advocate on your behalf.
Time Limits
If you have a disability that was caused or aggravated during military service, then you can file a claim and receive compensation. You'll need to be patient while the VA reviews and decides on your claim. It could take up 180 days after your claim is filed before you receive a decision.
Many factors influence the time it takes for the VA to determine your claim. How quickly your application will be evaluated is largely determined by the volume of evidence that you submit. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.
How often you check in with the VA to see the status of your claim could also affect the time it takes to process your claim. You can speed up the process by providing evidence promptly by being specific with your address details for the medical facilities you use, and sending any requested information immediately when it becomes available.
If you believe that there was an error in the decision on your disability, then you can request a higher-level review. You'll need to provide all the facts regarding your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. This review does not include any new evidence.
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