The 9 Things Your Parents Teach You About Veterans Disability Lawyer
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How to File a veterans disability (pop over to this website) Claim
The veteran's claim for disability is a crucial component of the application process for benefits. Many veterans are eligible for tax-free income after their claims are approved.
It's not secret that VA is behind in processing disability claims of veterans. It could take months, even years, for a final decision to be made.
Aggravation
A veteran may be able get disability compensation in the event of a condition that was worsened by their military service. This type of claim is called an aggravated impairment and can be either physical or mental. A competent VA lawyer can help the former service member to file an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.
A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to a doctor's report the veteran will require medical records and lay declarations from friends or family members who can testify to the seriousness of their pre-service ailments.
In a veterans disability claim it is important to be aware that the condition being aggravated has to be distinct from the initial disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and witness to establish that their original condition wasn't only aggravated due to military service but it was worse than what it would have been had the aggravating factor weren't 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 differences in the language of these provisions has caused confusion and debate during the process of filing claims. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.
Service-Connected Conditions
To be eligible for benefits veterans must show that the health or disability was caused by service. This is called showing "service connection." Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop as a result specific amputations linked to service. Veterans with other conditions, like PTSD and PTSD, are required to provide witness testimony or lay evidence from people who knew them during their time in service to connect their condition to a specific event that occurred during their time in the military.
A pre-existing medical problem can be a result of service when it was made worse due to active duty service and not due to the natural progression of disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service and not the natural development of the disease.
Certain illnesses and injuries are believed to have been caused or worsened by service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and other Gulf War conditions. Certain chronic diseases and tropical diseases are also suspected to have been caused or aggravated by 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 for more details regarding these presumptive diseases.
Appeal
The VA has a process for appealing their decision on whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, you are able to do it yourself. This form is used by the VA to let them know that you disagree with their decision, and would like a more thorough review of your case.
There are two routes to a more thorough review, both of which you should consider carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and either overturn or affirm the earlier decision. You could or might not be able to present new evidence. The other path is to request a hearing before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss all of these issues with your lawyer who is accredited by the VA. They're experienced in this area and will know what makes the most sense for your specific case. They are also familiar with the difficulties faced by disabled veterans which makes them more effective advocates for you.
Time Limits
You may be eligible for compensation if you have an illness that you developed or worsened during your time in the military. But you'll need to be patient with the VA's process of taking a look at and deciding on your application. It could take up to 180 days after your claim is filed before you receive a decision.
Many factors influence the time it takes for the VA to consider your claim. How quickly your application will be evaluated is largely determined by the volume of evidence that you submit. The location of the field office that is responsible for your claim also influences the time it takes for the VA to review your claim.
The frequency you check in with the VA to check the status of your claim can influence the time it takes to process. You can speed up the process by sending all documentation as quickly as you can, and providing specific details regarding the medical center you use, as well as providing any requested details.
If you believe there was a mistake in the decision on your disability, you may request a more thorough review. This means that you submit all the relevant facts of your case to an expert reviewer who can determine whether there was an error in the original decision. However, this review cannot include new evidence.
The veteran's claim for disability is a crucial component of the application process for benefits. Many veterans are eligible for tax-free income after their claims are approved.
It's not secret that VA is behind in processing disability claims of veterans. It could take months, even years, for a final decision to be made.
Aggravation
A veteran may be able get disability compensation in the event of a condition that was worsened by their military service. This type of claim is called an aggravated impairment and can be either physical or mental. A competent VA lawyer can help the former service member to file an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.
A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to a doctor's report the veteran will require medical records and lay declarations from friends or family members who can testify to the seriousness of their pre-service ailments.
In a veterans disability claim it is important to be aware that the condition being aggravated has to be distinct from the initial disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and witness to establish that their original condition wasn't only aggravated due to military service but it was worse than what it would have been had the aggravating factor weren't 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 differences in the language of these provisions has caused confusion and debate during the process of filing claims. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.
Service-Connected Conditions
To be eligible for benefits veterans must show that the health or disability was caused by service. This is called showing "service connection." Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop as a result specific amputations linked to service. Veterans with other conditions, like PTSD and PTSD, are required to provide witness testimony or lay evidence from people who knew them during their time in service to connect their condition to a specific event that occurred during their time in the military.
A pre-existing medical problem can be a result of service when it was made worse due to active duty service and not due to the natural progression of disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service and not the natural development of the disease.
Certain illnesses and injuries are believed to have been caused or worsened by service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and other Gulf War conditions. Certain chronic diseases and tropical diseases are also suspected to have been caused or aggravated by 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 for more details regarding these presumptive diseases.
Appeal
The VA has a process for appealing their decision on whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, you are able to do it yourself. This form is used by the VA to let them know that you disagree with their decision, and would like a more thorough review of your case.
There are two routes to a more thorough review, both of which you should consider carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and either overturn or affirm the earlier decision. You could or might not be able to present new evidence. The other path is to request a hearing before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss all of these issues with your lawyer who is accredited by the VA. They're experienced in this area and will know what makes the most sense for your specific case. They are also familiar with the difficulties faced by disabled veterans which makes them more effective advocates for you.
Time Limits
You may be eligible for compensation if you have an illness that you developed or worsened during your time in the military. But you'll need to be patient with the VA's process of taking a look at and deciding on your application. It could take up to 180 days after your claim is filed before you receive a decision.
Many factors influence the time it takes for the VA to consider your claim. How quickly your application will be evaluated is largely determined by the volume of evidence that you submit. The location of the field office that is responsible for your claim also influences the time it takes for the VA to review your claim.
The frequency you check in with the VA to check the status of your claim can influence the time it takes to process. You can speed up the process by sending all documentation as quickly as you can, and providing specific details regarding the medical center you use, as well as providing any requested details.
If you believe there was a mistake in the decision on your disability, you may request a more thorough review. This means that you submit all the relevant facts of your case to an expert reviewer who can determine whether there was an error in the original decision. However, this review cannot include new evidence.
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