9 . What Your Parents Teach You About Veterans Disability Lawyer
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How to File a Veterans Disability Claim
The claim of disability for a veteran is a key part of submitting an application for benefits. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It's not secret that VA is behind in processing veteran disability claims. It can take months or even years for a determination to be made.
Aggravation
A veteran might be able to receive disability compensation for an illness that was worsened due to their military service. This type of claim is known as an aggravated disability and can be either mental or physical. A licensed VA lawyer can assist the former soldier submit an aggravated claim. A claimant must demonstrate via medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.
Typically, the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the veteran's disability. In addition to the physician's statement, the veteran is required to submit medical records as well as the lay statements of family or friends who can attest to their pre-service condition.
It is vital to remember when submitting a claim for disability benefits for veterans that the aggravated condition must be different than the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimonies to establish that their original condition wasn't only aggravated due to military service but it was worse than it would have been if the aggravating factor wasn't present.
VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and disagreement regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.
Conditions Associated with Service
To be eligible for benefits, they must prove that their disability or illness is connected to service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations linked to service. Veterans with other conditions like PTSD need to provide lay testimony or evidence from those who knew them during their time in the military to connect their condition to a specific incident that occurred during their time in the military.
A preexisting medical problem could be service-related when it was made worse by active duty and not due to the natural progression of the disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.
Certain injuries and illnesses are presumed to have been caused or aggravated by service. They are known as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as numerous Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been caused or worsened by military service. These are AL amyloidosis, chloracne, other acneform diseases, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these presumptive diseases.
Appeals
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer will not complete this task for you, then you can do it yourself. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.
There are two ways to get a higher-level review and both of them are options you should consider carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will perform an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or confirm it. You may be able or not be required to present new evidence. The other path is to request an interview with an Veterans Law Judge from the Board of veterans disability attorneys' Appeals in Washington, D.C.
It is important to discuss these aspects with your VA-accredited lawyer. They will have experience and know what is best for your situation. They also know the challenges that disabled veterans disability Lawyer face which makes them a better advocate for you.
Time Limits
If you suffer from a physical or mental impairment that was caused or aggravated during military service, you can file a claim and receive compensation. It is important to be patient while the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after filing your claim to receive an answer.
Many factors can influence how long it takes the VA to determine your claim. The amount of evidence that you submit will play a major role in the speed at which your claim is considered. The location of the VA field office which will be reviewing your claim can also influence how long it takes.
How often you check in with the VA to see the status of your claim can also affect the time it takes to process your claim. You can accelerate the process by providing evidence as soon as possible and being specific in your details regarding the address of the medical care facilities that you utilize, and providing any requested information immediately when it becomes available.
If you believe there was an error in the decision regarding your disability, you may request a more thorough review. You will need to submit 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 disability for a veteran is a key part of submitting an application for benefits. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It's not secret that VA is behind in processing veteran disability claims. It can take months or even years for a determination to be made.
Aggravation
A veteran might be able to receive disability compensation for an illness that was worsened due to their military service. This type of claim is known as an aggravated disability and can be either mental or physical. A licensed VA lawyer can assist the former soldier submit an aggravated claim. A claimant must demonstrate via medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.
Typically, the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the veteran's disability. In addition to the physician's statement, the veteran is required to submit medical records as well as the lay statements of family or friends who can attest to their pre-service condition.
It is vital to remember when submitting a claim for disability benefits for veterans that the aggravated condition must be different than the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimonies to establish that their original condition wasn't only aggravated due to military service but it was worse than it would have been if the aggravating factor wasn't present.
VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and disagreement regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.
Conditions Associated with Service
To be eligible for benefits, they must prove that their disability or illness is connected to service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations linked to service. Veterans with other conditions like PTSD need to provide lay testimony or evidence from those who knew them during their time in the military to connect their condition to a specific incident that occurred during their time in the military.
A preexisting medical problem could be service-related when it was made worse by active duty and not due to the natural progression of the disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.
Certain injuries and illnesses are presumed to have been caused or aggravated by service. They are known as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as numerous Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been caused or worsened by military service. These are AL amyloidosis, chloracne, other acneform diseases, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these presumptive diseases.
Appeals
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer will not complete this task for you, then you can do it yourself. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.
There are two ways to get a higher-level review and both of them are options you should consider carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will perform an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or confirm it. You may be able or not be required to present new evidence. The other path is to request an interview with an Veterans Law Judge from the Board of veterans disability attorneys' Appeals in Washington, D.C.
It is important to discuss these aspects with your VA-accredited lawyer. They will have experience and know what is best for your situation. They also know the challenges that disabled veterans disability Lawyer face which makes them a better advocate for you.
Time Limits
If you suffer from a physical or mental impairment that was caused or aggravated during military service, you can file a claim and receive compensation. It is important to be patient while the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after filing your claim to receive an answer.
Many factors can influence how long it takes the VA to determine your claim. The amount of evidence that you submit will play a major role in the speed at which your claim is considered. The location of the VA field office which will be reviewing your claim can also influence how long it takes.
How often you check in with the VA to see the status of your claim can also affect the time it takes to process your claim. You can accelerate the process by providing evidence as soon as possible and being specific in your details regarding the address of the medical care facilities that you utilize, and providing any requested information immediately when it becomes available.
If you believe there was an error in the decision regarding your disability, you may request a more thorough review. You will need to submit 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.
