Nine Things That Your Parent Teach You About Veterans Disability Lawye…
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How to File a Veterans Disability Claim
The claim of disability for a veteran is a crucial element of the application for benefits. Many veterans who have their claims accepted receive additional income each month that is tax free.
It's not a secret that the VA is way behind in processing disability claims made by veterans. It can take months, even years for a decision to be made.
Aggravation
A veteran may be able to receive disability compensation for a condition that was worsened by their military service. This type of claim is known as an aggravated impairment and can be mental or physical. A skilled VA lawyer can help the former service member to file an aggravated disability claim. The claimant must prove, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.
Typically the best way to demonstrate that a pre-service condition was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor's opinion the veteran will need to submit medical records and lay assertions from family members or friends who can attest to the severity of their pre-service condition.
It is crucial to remember in a veterans disability claim that the condition being aggravated has to be different than the original disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to prove that their health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.
In order to address this issue VA is proposing to align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has caused confusion and disagreement during the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.
Conditions that are associated with Service
To qualify for benefits, veterans must prove the health or disability was caused by service. This is referred to as "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is granted automatically. Veterans suffering from other ailments, like PTSD and PTSD, are required to provide witness testimony or lay evidence from people who were close to them during their service to link their condition to a specific incident that occurred during their military service.
A preexisting medical problem could also be service-connected in the event that it was aggravated by active duty and not through natural progression of the disease. It is best to submit a doctor's report that explains that the aggravation of the condition was due to service, and not simply the natural development of the disease.
Certain injuries and illnesses are believed to be caused or aggravated due to service. These are called "presumptive illnesses." They include exposure to Agent Orange for Vietnam town and country veterans disability lawsuit Korean veterans, exposure to radiation in Prisoners of war, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.
Appeals
The VA has a process to appeal their decision on whether or not to grant benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not do this for you, then you're able to complete it on your own. This form is used to tell the VA that you are not satisfied with their decision and that you want a higher-level review of your case.
You have two options for a higher level review. Both options should be considered carefully. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either reverse or affirm the decision made earlier. You may or may not be able to submit new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited lawyer. They'll have experience in this area and will know the best option for your specific case. They are also aware of the difficulties faced by disabled veterans which makes them an effective advocate on your behalf.
Time Limits
You can claim compensation if you have an illness that you developed or worsened as a result of serving in the military. You'll need to be patient while the VA reviews and decides on your application. It could take as long as 180 days after the claim has been submitted before you get a decision.
There are a variety of factors that can affect how long the VA will take to reach a decision on your claim. The amount of evidence you submit will play a major role in how quickly your application is considered. The location of the VA field office who will review your claim will also affect the time it takes to review your claim.
Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can speed up the process by providing all evidence as fast as you can, including specific details regarding the medical care facility you use, as well as providing any requested details.
You can request a higher level review if you believe that the decision made on your disability was incorrect. You will need to submit all the details of your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. However, this review can't include any new evidence.
The claim of disability for a veteran is a crucial element of the application for benefits. Many veterans who have their claims accepted receive additional income each month that is tax free.
It's not a secret that the VA is way behind in processing disability claims made by veterans. It can take months, even years for a decision to be made.
Aggravation
A veteran may be able to receive disability compensation for a condition that was worsened by their military service. This type of claim is known as an aggravated impairment and can be mental or physical. A skilled VA lawyer can help the former service member to file an aggravated disability claim. The claimant must prove, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.
Typically the best way to demonstrate that a pre-service condition was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor's opinion the veteran will need to submit medical records and lay assertions from family members or friends who can attest to the severity of their pre-service condition.
It is crucial to remember in a veterans disability claim that the condition being aggravated has to be different than the original disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to prove that their health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.
In order to address this issue VA is proposing to align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has caused confusion and disagreement during the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.
Conditions that are associated with Service
To qualify for benefits, veterans must prove the health or disability was caused by service. This is referred to as "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is granted automatically. Veterans suffering from other ailments, like PTSD and PTSD, are required to provide witness testimony or lay evidence from people who were close to them during their service to link their condition to a specific incident that occurred during their military service.
A preexisting medical problem could also be service-connected in the event that it was aggravated by active duty and not through natural progression of the disease. It is best to submit a doctor's report that explains that the aggravation of the condition was due to service, and not simply the natural development of the disease.
Certain injuries and illnesses are believed to be caused or aggravated due to service. These are called "presumptive illnesses." They include exposure to Agent Orange for Vietnam town and country veterans disability lawsuit Korean veterans, exposure to radiation in Prisoners of war, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.
Appeals
The VA has a process to appeal their decision on whether or not to grant benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not do this for you, then you're able to complete it on your own. This form is used to tell the VA that you are not satisfied with their decision and that you want a higher-level review of your case.
You have two options for a higher level review. Both options should be considered carefully. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either reverse or affirm the decision made earlier. You may or may not be able to submit new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited lawyer. They'll have experience in this area and will know the best option for your specific case. They are also aware of the difficulties faced by disabled veterans which makes them an effective advocate on your behalf.
Time Limits
You can claim compensation if you have an illness that you developed or worsened as a result of serving in the military. You'll need to be patient while the VA reviews and decides on your application. It could take as long as 180 days after the claim has been submitted before you get a decision.
There are a variety of factors that can affect how long the VA will take to reach a decision on your claim. The amount of evidence you submit will play a major role in how quickly your application is considered. The location of the VA field office who will review your claim will also affect the time it takes to review your claim.
Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can speed up the process by providing all evidence as fast as you can, including specific details regarding the medical care facility you use, as well as providing any requested details.
You can request a higher level review if you believe that the decision made on your disability was incorrect. You will need to submit all the details of your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. However, this review can't include any new evidence.
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