Nine Things That Your Parent Taught You About Veterans Disability Lawy…
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How to File a Veterans Disability Claim
A veteran's disability claim is a critical element of their benefit application. Many veterans receive tax-free income after their claims are approved.
It's not secret that VA is behind in the process of processing claims for disability by veterans disability lawyer. A decision can take months or even years.
Aggravation
Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability. It could be mental or physical. A competent VA lawyer can assist former service members submit an aggravated claim. A claimant must demonstrate, through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
A physician who is an expert in the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to the doctor's statement the veteran must also provide medical records and lay statements from 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 original disability rating. A disability lawyer can guide a former servicemember on how they can provide enough medical evidence and evidence to show that their condition was not only caused by military service, but was worse than it would have been had it not been for the aggravating factor.
VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different language of these provisions has led to confusion and debate during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Conditions
To be eligible for benefits the veteran must prove that the condition or disability was caused by service. This is called showing "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops due to specific amputations that are connected to service. Veterans suffering from other conditions like PTSD, must provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition with a specific event that occurred during their military service.
A pre-existing medical problem can be a service-related issue in the event that it was aggravated by active duty, and not the natural progression of the disease. The best way to prove this is to present the doctor's opinion that the aggravation was due to service and not the normal development of the condition.
Certain ailments and injuries are believed to have been caused or aggravated by the service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyer and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.
Appeal
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not complete this task for you, you are able to complete the process on your own. This form is used to tell the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.
There are two options available for higher-level review. Both should be carefully considered. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either reverse or uphold the earlier decision. You could or might not be allowed to submit new evidence. Another option is to request an appointment with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is essential to discuss all of these issues with your VA-accredited lawyer. They'll have experience in this area and will know what makes sense for your particular case. They are also aware of the difficulties faced by disabled veterans which makes them more effective advocates for you.
Time Limits
If you suffer from a condition which was created or worsened during military service, you can file a claim and receive compensation. But you'll need to be patient when it comes to the VA's process of review and deciding on your claim. It could take up 180 days after your claim is submitted before you get a decision.
There are many factors that affect the time the VA takes to make an assessment of your claim. The amount of evidence submitted will play a significant role in the speed at which your claim is evaluated. The location of the VA field office which will be evaluating your claim could also impact how long it takes.
Another factor that can impact the time required for your claim to be processed is how often you contact the VA to inquire about its progress. You can help speed up the process by submitting your evidence as soon as possible, being specific in your address information for the medical care facilities that you use, and submitting any requested information as soon as it is available.
If you believe there was a mistake in the decision made regarding your disability, you may request a more thorough review. This involves submitting all evidence in your case to an experienced reviewer who will determine if there was an error in the original decision. This review does not include any new evidence.
A veteran's disability claim is a critical element of their benefit application. Many veterans receive tax-free income after their claims are approved.
It's not secret that VA is behind in the process of processing claims for disability by veterans disability lawyer. A decision can take months or even years.
Aggravation
Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability. It could be mental or physical. A competent VA lawyer can assist former service members submit an aggravated claim. A claimant must demonstrate, through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
A physician who is an expert in the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to the doctor's statement the veteran must also provide medical records and lay statements from 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 original disability rating. A disability lawyer can guide a former servicemember on how they can provide enough medical evidence and evidence to show that their condition was not only caused by military service, but was worse than it would have been had it not been for the aggravating factor.
VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different language of these provisions has led to confusion and debate during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Conditions
To be eligible for benefits the veteran must prove that the condition or disability was caused by service. This is called showing "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops due to specific amputations that are connected to service. Veterans suffering from other conditions like PTSD, must provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition with a specific event that occurred during their military service.
A pre-existing medical problem can be a service-related issue in the event that it was aggravated by active duty, and not the natural progression of the disease. The best way to prove this is to present the doctor's opinion that the aggravation was due to service and not the normal development of the condition.
Certain ailments and injuries are believed to have been caused or aggravated by the service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyer and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.
Appeal
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not complete this task for you, you are able to complete the process on your own. This form is used to tell the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.
There are two options available for higher-level review. Both should be carefully considered. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either reverse or uphold the earlier decision. You could or might not be allowed to submit new evidence. Another option is to request an appointment with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is essential to discuss all of these issues with your VA-accredited lawyer. They'll have experience in this area and will know what makes sense for your particular case. They are also aware of the difficulties faced by disabled veterans which makes them more effective advocates for you.
Time Limits
If you suffer from a condition which was created or worsened during military service, you can file a claim and receive compensation. But you'll need to be patient when it comes to the VA's process of review and deciding on your claim. It could take up 180 days after your claim is submitted before you get a decision.
There are many factors that affect the time the VA takes to make an assessment of your claim. The amount of evidence submitted will play a significant role in the speed at which your claim is evaluated. The location of the VA field office which will be evaluating your claim could also impact how long it takes.
Another factor that can impact the time required for your claim to be processed is how often you contact the VA to inquire about its progress. You can help speed up the process by submitting your evidence as soon as possible, being specific in your address information for the medical care facilities that you use, and submitting any requested information as soon as it is available.
If you believe there was a mistake in the decision made regarding your disability, you may request a more thorough review. This involves submitting all evidence in your case to an experienced reviewer who will determine if there was an error in the original decision. This review does not include any new evidence.
