Nine Things That Your Parent Teach You About Veterans Disability Lawye…
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How to File a Veterans Disability Claim
The veteran's claim for disability is a key part of submitting an application for benefits. Many veterans who have their claims accepted receive additional income each month that is tax free.
It's no secret that VA is behind in the process of processing claims for disability by veterans. It can take months or even years for a determination to be made.
Aggravation
veterans disability lawsuits could be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim is referred to as an aggravated impairment and can be either physical or mental. A skilled VA lawyer can assist former service members to file an aggravated disability claim. A claimant must demonstrate, through medical evidence or unbiased opinions that their condition prior to service was aggravated due to 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 condition prior to service. In addition to the doctor's opinion, the veteran will also be required to provide medical records and lay assertions from family or friends who are able to confirm the seriousness of their pre-service ailments.
In a veterans disability claim it is crucial to keep in mind that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to show that their initial condition wasn't only aggravated because of military service, but that it was more severe than what it would have been if the aggravating factor had not been present.
In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversies during the process of making claims. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has led to a lot of litigation and uncertainty.
Conditions Associated with Service
To qualify for benefits, veterans must show that their health or disability was caused by service. This is known as proving "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that arise as a result of service-connected amputations, service connection is granted automatically. Veterans with other conditions like PTSD, must provide lay testimony or lay evidence from those who knew them during their time in service to connect their condition to a specific event that occurred during their military service.
A pre-existing medical condition could also be service related when it was made worse due to active duty service and not just the natural progression of disease. The best way to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service and not just the normal progress of the condition.
Certain illnesses and injuries may be attributed to or aggravated due to treatment. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans Disability lawyer as well as exposure to radiation for prisoner of war, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. These include AL amyloidosis and chloracne as well as other acne-related diseases and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive diseases, click here.
Appeal
The VA has a procedure for appeals to appeal their decision as to whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf but if not, you may file it yourself. This form is used to inform the VA that you are not satisfied with their decision and that you want a higher-level review of your case.
There are two options available for a higher level review. Both options should be carefully considered. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either reverse or affirm the earlier decision. You may or not be able to submit new evidence. Another option is to request an appointment with an Veterans Law Judge from the Board of veterans disability law firm' Appeals in Washington, D.C.
There are many factors that go into choosing the best lane for your appeal, and it's important to discuss these with your VA-accredited attorney. They have experience and know what's best for your case. They also understand the challenges faced by disabled veterans which makes them a stronger advocate for you.
Time Limits
You may be eligible for compensation if you have a disability that you acquired or worsened during your time in the military. But you'll have to be patient during the VA's process for considering and deciding about the merits of your claim. It could take up 180 days after your claim is filed before you receive a decision.
Many factors influence how long it takes the VA to consider your claim. How quickly your claim will be evaluated is largely determined by the amount of evidence you provide. The location of the field office that handles your claim will also affect the time it takes for the VA to review your claims.
Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can help speed up the process by submitting your evidence as soon as possible and being specific in your information regarding the addresses of the medical facilities you use, and submitting any requested information immediately when it becomes available.
If you believe there has been an error in the determination of your disability, you are able to request a higher-level review. You will need to submit all the details of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. This review does not include any new evidence.
The veteran's claim for disability is a key part of submitting an application for benefits. Many veterans who have their claims accepted receive additional income each month that is tax free.
It's no secret that VA is behind in the process of processing claims for disability by veterans. It can take months or even years for a determination to be made.
Aggravation
veterans disability lawsuits could be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim is referred to as an aggravated impairment and can be either physical or mental. A skilled VA lawyer can assist former service members to file an aggravated disability claim. A claimant must demonstrate, through medical evidence or unbiased opinions that their condition prior to service was aggravated due to 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 condition prior to service. In addition to the doctor's opinion, the veteran will also be required to provide medical records and lay assertions from family or friends who are able to confirm the seriousness of their pre-service ailments.
In a veterans disability claim it is crucial to keep in mind that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to show that their initial condition wasn't only aggravated because of military service, but that it was more severe than what it would have been if the aggravating factor had not been present.
In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversies during the process of making claims. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has led to a lot of litigation and uncertainty.
Conditions Associated with Service
To qualify for benefits, veterans must show that their health or disability was caused by service. This is known as proving "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that arise as a result of service-connected amputations, service connection is granted automatically. Veterans with other conditions like PTSD, must provide lay testimony or lay evidence from those who knew them during their time in service to connect their condition to a specific event that occurred during their military service.
A pre-existing medical condition could also be service related when it was made worse due to active duty service and not just the natural progression of disease. The best way to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service and not just the normal progress of the condition.
Certain illnesses and injuries may be attributed to or aggravated due to treatment. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans Disability lawyer as well as exposure to radiation for prisoner of war, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. These include AL amyloidosis and chloracne as well as other acne-related diseases and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive diseases, click here.
Appeal
The VA has a procedure for appeals to appeal their decision as to whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf but if not, you may file it yourself. This form is used to inform the VA that you are not satisfied with their decision and that you want a higher-level review of your case.
There are two options available for a higher level review. Both options should be carefully considered. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either reverse or affirm the earlier decision. You may or not be able to submit new evidence. Another option is to request an appointment with an Veterans Law Judge from the Board of veterans disability law firm' Appeals in Washington, D.C.
There are many factors that go into choosing the best lane for your appeal, and it's important to discuss these with your VA-accredited attorney. They have experience and know what's best for your case. They also understand the challenges faced by disabled veterans which makes them a stronger advocate for you.
Time Limits
You may be eligible for compensation if you have a disability that you acquired or worsened during your time in the military. But you'll have to be patient during the VA's process for considering and deciding about the merits of your claim. It could take up 180 days after your claim is filed before you receive a decision.
Many factors influence how long it takes the VA to consider your claim. How quickly your claim will be evaluated is largely determined by the amount of evidence you provide. The location of the field office that handles your claim will also affect the time it takes for the VA to review your claims.
Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can help speed up the process by submitting your evidence as soon as possible and being specific in your information regarding the addresses of the medical facilities you use, and submitting any requested information immediately when it becomes available.
If you believe there has been an error in the determination of your disability, you are able to request a higher-level review. You will need to submit all the details of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. This review does not include any new evidence.
