9 Lessons Your Parents Teach You About Veterans Disability Lawyer
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How to File a Veterans Disability Claim
A veteran's disability claim is a crucial component of his or her benefit application. Many veterans who have their claims approved receive a monthly income that is tax free.
It's not secret that VA is behind in processing veteran disability claims. The decision could take months or even years.
Aggravation
Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A VA lawyer who is certified can help a former military member file an aggravated disabilities claim. A claimant must prove, with medical evidence or an independent opinion, that their medical condition prior to serving was aggravated through active duty.
Typically the most effective way to prove 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 report, the veteran must also provide medical records and statements from family members or friends who can attest to their pre-service condition.
In a Veterans disability Lawyer disability claim, it is important to note that the aggravated condition must be different from the original disability rating. An attorney for disability can guide a former servicemember on how they can provide enough medical evidence and evidence to show that their condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.
In addressing this issue, VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement regarding the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.
Conditions that are associated with Service
To be eligible for benefits, they must show that their illness or disability is related to their service. This is known as "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular conditions that develop because of specific amputations that are connected to service. Veterans suffering from other conditions like PTSD, must provide witness testimony or lay evidence from those who were their friends during their time in the military to connect their condition to an specific event that occurred during their military service.
A pre-existing medical problem can also be service related in the event that it was aggravated because of active duty and not due to the natural progression of disease. The best method to prove this is by providing an opinion from a doctor that states that the ailment was due to service and not just the normal progression of the disease.
Certain ailments and injuries can be attributed to or aggravated by treatment. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or triggered by service. This includes AL amyloidosis as well as other 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.
Appeal
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not do this for you, then you can do it on your own. This form is used to notify the VA you disagree with their decision and you'd like to have a more thorough review of your case.
You have two options for an additional level review. Both should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no review is given to previous decisions) review and either overturn the earlier decision or maintain it. You could or might not be able submit new evidence. The other option is to request an appointment with an veterans disability lawyer Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss these aspects with your lawyer who is accredited by the VA. They have experience and know the best option for your situation. They also understand the challenges that disabled veterans disability lawsuits face and can help them become more effective advocates on your behalf.
Time Limits
If you have a disability which was created or worsened during military service, you can file a claim to receive compensation. But you'll have to be patient when it comes to the VA's process for considering and deciding about the merits of your claim. You may need to wait up to 180 calendar days after submitting your claim before you receive a decision.
Many factors influence the time it takes for VA to decide on your claim. The amount of evidence you provide will play a major role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim can also influence the time it takes to review your claim.
Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the process by providing evidence as soon as you can and being specific in your details regarding the address of the medical care facilities you use, and sending any requested information immediately when it becomes available.
If you believe that there has been a mistake in the decision made regarding your disability, you are able to request a higher-level review. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was an error in the original decision. But, this review will not contain new evidence.
A veteran's disability claim is a crucial component of his or her benefit application. Many veterans who have their claims approved receive a monthly income that is tax free.
It's not secret that VA is behind in processing veteran disability claims. The decision could take months or even years.
Aggravation
Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A VA lawyer who is certified can help a former military member file an aggravated disabilities claim. A claimant must prove, with medical evidence or an independent opinion, that their medical condition prior to serving was aggravated through active duty.
Typically the most effective way to prove 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 report, the veteran must also provide medical records and statements from family members or friends who can attest to their pre-service condition.
In a Veterans disability Lawyer disability claim, it is important to note that the aggravated condition must be different from the original disability rating. An attorney for disability can guide a former servicemember on how they can provide enough medical evidence and evidence to show that their condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.
In addressing this issue, VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement regarding the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.
Conditions that are associated with Service
To be eligible for benefits, they must show that their illness or disability is related to their service. This is known as "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular conditions that develop because of specific amputations that are connected to service. Veterans suffering from other conditions like PTSD, must provide witness testimony or lay evidence from those who were their friends during their time in the military to connect their condition to an specific event that occurred during their military service.
A pre-existing medical problem can also be service related in the event that it was aggravated because of active duty and not due to the natural progression of disease. The best method to prove this is by providing an opinion from a doctor that states that the ailment was due to service and not just the normal progression of the disease.
Certain ailments and injuries can be attributed to or aggravated by treatment. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or triggered by service. This includes AL amyloidosis as well as other 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.
Appeal
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not do this for you, then you can do it on your own. This form is used to notify the VA you disagree with their decision and you'd like to have a more thorough review of your case.
You have two options for an additional level review. Both should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no review is given to previous decisions) review and either overturn the earlier decision or maintain it. You could or might not be able submit new evidence. The other option is to request an appointment with an veterans disability lawyer Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss these aspects with your lawyer who is accredited by the VA. They have experience and know the best option for your situation. They also understand the challenges that disabled veterans disability lawsuits face and can help them become more effective advocates on your behalf.
Time Limits
If you have a disability which was created or worsened during military service, you can file a claim to receive compensation. But you'll have to be patient when it comes to the VA's process for considering and deciding about the merits of your claim. You may need to wait up to 180 calendar days after submitting your claim before you receive a decision.
Many factors influence the time it takes for VA to decide on your claim. The amount of evidence you provide will play a major role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim can also influence the time it takes to review your claim.
Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the process by providing evidence as soon as you can and being specific in your details regarding the address of the medical care facilities you use, and sending any requested information immediately when it becomes available.
If you believe that there has been a mistake in the decision made regarding your disability, you are able to request a higher-level review. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was an error in the original decision. But, this review will not contain new evidence.
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