9 Things Your Parents Taught You About Veterans Disability Lawyer
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How to File a Veterans Disability Claim
The claim of a disabled veteran is a crucial element of the application for benefits. Many veterans who have their claims approved receive an additional monthly income that is tax free.
It's no secret that VA is a long way behind in processing disability claims from veterans. It can take months or even years, for a decision to be made.
Aggravation
Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A licensed VA lawyer can assist the former soldier make an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions, that their pre-service medical condition was aggravated through active duty.
A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the severity of the condition prior to service. In addition to the doctor's opinion, the veteran must also submit medical records as well as lay statements from family or friends who attest to their pre-service condition.
It is important to note in a veterans disability claim that the conditions that are aggravated must be different from the original disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to establish that their condition was not only caused through 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 in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and controversies in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.
Conditions Associated with Service
To be eligible for benefits the veteran must prove that his or her health or disability was caused by service. This is known as showing "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is automatically granted. veterans disability lawyers with other conditions like PTSD, must provide the evidence of lay witnesses or from people who knew them during their time in the military to connect their condition to a specific event that occurred during their military service.
A preexisting medical problem could also be service-related if it was aggravated by their active duty service and not due to the natural progress of the disease. The best way to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not the normal progression of the disease.
Certain injuries and illnesses can be thought to be caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.
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 yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and want a higher level review of your case.
There are two options to request a more thorough review. Both options should be carefully considered. One option is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo review (no deference given to the earlier decision) and either reverse or affirm the earlier decision. You may be able or not required to provide new proof. Another option is to request an interview with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is crucial to discuss these issues with your VA-accredited lawyer. They will have experience and know the best option for your case. They are also aware of the challenges that disabled veterans disability lawyers face and can help them become an effective advocate for you.
Time Limits
You can seek compensation if you have a disability that you acquired or worsened in the course of serving in the military. You'll need to wait while the VA evaluates and makes a decision on your application. It could take as long as 180 days after the claim has been filed before you get a decision.
Many factors influence the time it takes for VA to decide on your claim. The amount of evidence submitted will play a major role in the speed at which your application is considered. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.
How often you check in with the VA to check the status of your claim could influence the time it takes to finish the process. You can help speed up the process by submitting your evidence promptly and by providing specific address details for the medical care facilities you use, and sending any requested information when it becomes available.
You can request a higher level review if it is your opinion that the decision made on your disability was not correct. You'll need to provide all the details of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. This review does not contain any new evidence.
The claim of a disabled veteran is a crucial element of the application for benefits. Many veterans who have their claims approved receive an additional monthly income that is tax free.
It's no secret that VA is a long way behind in processing disability claims from veterans. It can take months or even years, for a decision to be made.
Aggravation
Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A licensed VA lawyer can assist the former soldier make an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions, that their pre-service medical condition was aggravated through active duty.
A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the severity of the condition prior to service. In addition to the doctor's opinion, the veteran must also submit medical records as well as lay statements from family or friends who attest to their pre-service condition.
It is important to note in a veterans disability claim that the conditions that are aggravated must be different from the original disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to establish that their condition was not only caused through 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 in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and controversies in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.
Conditions Associated with Service
To be eligible for benefits the veteran must prove that his or her health or disability was caused by service. This is known as showing "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is automatically granted. veterans disability lawyers with other conditions like PTSD, must provide the evidence of lay witnesses or from people who knew them during their time in the military to connect their condition to a specific event that occurred during their military service.
A preexisting medical problem could also be service-related if it was aggravated by their active duty service and not due to the natural progress of the disease. The best way to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not the normal progression of the disease.
Certain injuries and illnesses can be thought to be caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.
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 yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and want a higher level review of your case.
There are two options to request a more thorough review. Both options should be carefully considered. One option is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo review (no deference given to the earlier decision) and either reverse or affirm the earlier decision. You may be able or not required to provide new proof. Another option is to request an interview with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It is crucial to discuss these issues with your VA-accredited lawyer. They will have experience and know the best option for your case. They are also aware of the challenges that disabled veterans disability lawyers face and can help them become an effective advocate for you.
Time Limits
You can seek compensation if you have a disability that you acquired or worsened in the course of serving in the military. You'll need to wait while the VA evaluates and makes a decision on your application. It could take as long as 180 days after the claim has been filed before you get a decision.
Many factors influence the time it takes for VA to decide on your claim. The amount of evidence submitted will play a major role in the speed at which your application is considered. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.
How often you check in with the VA to check the status of your claim could influence the time it takes to finish the process. You can help speed up the process by submitting your evidence promptly and by providing specific address details for the medical care facilities you use, and sending any requested information when it becomes available.
You can request a higher level review if it is your opinion that the decision made on your disability was not correct. You'll need to provide all the details of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. This review does not contain any new evidence.
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