The 9 Things Your Parents Taught You About Veterans Disability Lawyer
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How to File a veterans disability law firm Disability Claim
A veteran's disability claim is a crucial part of their benefit application. Many veterans who have their claims accepted receive an additional monthly income that is tax free.
It's no secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.
Aggravation
Veterans could be eligible for disability compensation if their condition was caused by their military service. This type of claim could be mental or physical. A VA lawyer who is competent can assist a former military member submit an aggravated disabilities claim. A claimant has to prove, with medical evidence or independent opinions that their medical condition prior to service was made worse due to active duty.
A doctor who is an expert in the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to a doctor's statement in addition, the veteran will need to submit medical records as well as lay statements from friends or family members who can attest to the severity of their pre-service conditions.
It is important to note in a veterans disability claim that the condition being aggravated has to be different from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't merely aggravated because of military service, but that it was more severe than it would have been if the aggravating factor wasn't present.
In order to address this issue, VA is proposing to realign the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and controversies in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.
Conditions Associated with Service
To be eligible for benefits, the veteran must prove that his or her condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular disease that develops due to specific service-connected amputations. Veterans suffering from other conditions like PTSD need to provide lay testimony or evidence from those who were their friends during their service to establish a connection between their condition with a specific incident that occurred during their military service.
A preexisting medical condition may be service-related in the case that it was aggravated through active duty and not through natural progression of the disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, not just the natural progression of the disease.
Certain ailments and injuries can be attributed to or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also suspected to have been caused or worsened by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.
Appeal
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf but if not, you can file 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 for an upper-level review and both of them are options you should consider carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the previous decision or affirm it. You may or may not be able to present new evidence. You can also request an appointment with a Veterans Law judge at the Board of Veterans Disability Lawyer' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited attorney. They're experienced in this field and know what makes sense for your particular situation. They are also aware of the difficulties faced by disabled veterans which makes them an effective advocate for you.
Time Limits
If you suffer from a condition which was created or worsened in the military, you can file a claim to receive compensation. But you'll have to be patient during the process of taking a look at and deciding on your application. You may have to wait up to 180 calendar days after filing your claim to receive a decision.
Many factors influence the time it takes for VA to make a decision on your claim. The amount of evidence that you submit will play a significant role in the speed at which your application is considered. The location of the VA field office that will be reviewing your claim will also affect how long it takes.
Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check its progress. You can speed up the process by submitting all evidence as quickly as you can, and providing specific details regarding the medical facility you use, and sending any requested details.
You can request a higher level review if it is your opinion that the decision based on your disability was not correct. 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. This review does not contain any new evidence.
A veteran's disability claim is a crucial part of their benefit application. Many veterans who have their claims accepted receive an additional monthly income that is tax free.
It's no secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.
Aggravation
Veterans could be eligible for disability compensation if their condition was caused by their military service. This type of claim could be mental or physical. A VA lawyer who is competent can assist a former military member submit an aggravated disabilities claim. A claimant has to prove, with medical evidence or independent opinions that their medical condition prior to service was made worse due to active duty.
A doctor who is an expert in the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to a doctor's statement in addition, the veteran will need to submit medical records as well as lay statements from friends or family members who can attest to the severity of their pre-service conditions.
It is important to note in a veterans disability claim that the condition being aggravated has to be different from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't merely aggravated because of military service, but that it was more severe than it would have been if the aggravating factor wasn't present.
In order to address this issue, VA is proposing to realign the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and controversies in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.
Conditions Associated with Service
To be eligible for benefits, the veteran must prove that his or her condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular disease that develops due to specific service-connected amputations. Veterans suffering from other conditions like PTSD need to provide lay testimony or evidence from those who were their friends during their service to establish a connection between their condition with a specific incident that occurred during their military service.
A preexisting medical condition may be service-related in the case that it was aggravated through active duty and not through natural progression of the disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, not just the natural progression of the disease.
Certain ailments and injuries can be attributed to or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also suspected to have been caused or worsened by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.
Appeal
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf but if not, you can file 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 for an upper-level review and both of them are options you should consider carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the previous decision or affirm it. You may or may not be able to present new evidence. You can also request an appointment with a Veterans Law judge at the Board of Veterans Disability Lawyer' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited attorney. They're experienced in this field and know what makes sense for your particular situation. They are also aware of the difficulties faced by disabled veterans which makes them an effective advocate for you.
Time Limits
If you suffer from a condition which was created or worsened in the military, you can file a claim to receive compensation. But you'll have to be patient during the process of taking a look at and deciding on your application. You may have to wait up to 180 calendar days after filing your claim to receive a decision.
Many factors influence the time it takes for VA to make a decision on your claim. The amount of evidence that you submit will play a significant role in the speed at which your application is considered. The location of the VA field office that will be reviewing your claim will also affect how long it takes.
Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check its progress. You can speed up the process by submitting all evidence as quickly as you can, and providing specific details regarding the medical facility you use, and sending any requested details.
You can request a higher level review if it is your opinion that the decision based on your disability was not correct. 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. This review does not contain any new evidence.
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