Three Reasons To Identify Why Your Veterans Disability Lawyer Isn't Pe…
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How to File a Veterans Disability Claim
The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans who have their claims approved receive additional income each month that is tax free.
It's no secret that the VA is way behind in processing disability claims for veterans. The process can take months or even years.
Aggravation
veterans disability law firms may be entitled to disability compensation if their condition was aggravated by their military service. This type of claim may be mental or physical. A licensed VA lawyer can help the former soldier to file an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions that their pre-service medical condition was aggravated through active duty.
Typically the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert in the veteran's disability. In addition to the doctor's opinion, the veteran must also provide medical records and the lay statements of family or friends who can attest to their pre-service condition.
In a claim for disability benefits for veterans, it is important to remember that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to prove that their previous condition wasn't merely aggravated due to military service however, it was much worse than it would have been if the aggravating factor hadn't been present.
In addressing this issue VA is proposing to realign the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and disagreement during the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.
Service-Connected Conditions
In order for a veteran to be eligible for benefits, they have to prove that their disability or illness is related to service. This is known as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations that are connected to service. veterans disability lawyers suffering from other ailments like PTSD are required to provide lay testimony or lay evidence from people who knew them during their service to link their condition to a specific incident that occurred during their time in the military.
A preexisting medical condition may be service-related when it was made worse by their active duty service and not due to the natural progress of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service and not the natural development of the disease.
Certain ailments and injuries can be believed to be caused or aggravated due to treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and other Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been caused or aggravated from service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.
Appeal
The VA has a procedure for appealing their decision on whether or not to grant benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however if not, you can do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you want a higher-level review of your case.
There are two options for an additional level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference to the decision made previously) and either reverse or uphold the earlier decision. You may or may not be allowed to submit new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many factors that go into choosing the most effective route for your appeal, and it's essential to discuss these issues with your attorney who is accredited by the VA. They're experienced and know what is best for your case. They are also aware of the difficulties that disabled veterans face which makes them more effective advocates on your behalf.
Time Limits
You can apply for compensation if you suffer from an illness that you developed or worsened as a result of serving in the military. It is important to be patient as the VA reviews and decides on your claim. It could take up to 180 calendar days after submitting your claim before receiving a decision.
There are many variables that affect the time the VA takes to make an assessment of your claim. The amount of evidence submitted is a significant factor in the speed at which your claim is evaluated. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.
How often you check in with the VA to see the status of your claim can affect the time it takes to finish the process. You can help accelerate the process by submitting your evidence whenever you can and by providing specific information regarding the addresses of the medical facilities you utilize, and providing any requested information as soon as it is available.
You can request a more thorough review if it is your opinion that the decision made on your disability was unjust. This involves submitting all existing facts in your case to an expert reviewer who can determine if there was an error in the initial decision. However, this review can't include new evidence.
The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans who have their claims approved receive additional income each month that is tax free.
It's no secret that the VA is way behind in processing disability claims for veterans. The process can take months or even years.
Aggravation
veterans disability law firms may be entitled to disability compensation if their condition was aggravated by their military service. This type of claim may be mental or physical. A licensed VA lawyer can help the former soldier to file an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions that their pre-service medical condition was aggravated through active duty.
Typically the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert in the veteran's disability. In addition to the doctor's opinion, the veteran must also provide medical records and the lay statements of family or friends who can attest to their pre-service condition.
In a claim for disability benefits for veterans, it is important to remember that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to prove that their previous condition wasn't merely aggravated due to military service however, it was much worse than it would have been if the aggravating factor hadn't been present.
In addressing this issue VA is proposing to realign the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and disagreement during the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.
Service-Connected Conditions
In order for a veteran to be eligible for benefits, they have to prove that their disability or illness is related to service. This is known as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations that are connected to service. veterans disability lawyers suffering from other ailments like PTSD are required to provide lay testimony or lay evidence from people who knew them during their service to link their condition to a specific incident that occurred during their time in the military.
A preexisting medical condition may be service-related when it was made worse by their active duty service and not due to the natural progress of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service and not the natural development of the disease.
Certain ailments and injuries can be believed to be caused or aggravated due to treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and other Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been caused or aggravated from service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.
Appeal
The VA has a procedure for appealing their decision on whether or not to grant benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however if not, you can do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you want a higher-level review of your case.
There are two options for an additional level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference to the decision made previously) and either reverse or uphold the earlier decision. You may or may not be allowed to submit new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many factors that go into choosing the most effective route for your appeal, and it's essential to discuss these issues with your attorney who is accredited by the VA. They're experienced and know what is best for your case. They are also aware of the difficulties that disabled veterans face which makes them more effective advocates on your behalf.
Time Limits
You can apply for compensation if you suffer from an illness that you developed or worsened as a result of serving in the military. It is important to be patient as the VA reviews and decides on your claim. It could take up to 180 calendar days after submitting your claim before receiving a decision.
There are many variables that affect the time the VA takes to make an assessment of your claim. The amount of evidence submitted is a significant factor in the speed at which your claim is evaluated. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.
How often you check in with the VA to see the status of your claim can affect the time it takes to finish the process. You can help accelerate the process by submitting your evidence whenever you can and by providing specific information regarding the addresses of the medical facilities you utilize, and providing any requested information as soon as it is available.
You can request a more thorough review if it is your opinion that the decision made on your disability was unjust. This involves submitting all existing facts in your case to an expert reviewer who can determine if there was an error in the initial decision. However, this review can't include new evidence.
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