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 part of his or her benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It's no secret that VA is a long way behind in processing disability claims from veterans. A decision can take months or even years.
Aggravation
A veteran might be able to receive disability compensation for an illness that was worsened by their military service. This type of claim could be either mental or physical. A VA lawyer who is certified can help a former military member to file a claim for aggravated disabilities. A claimant must prove by proving medical evidence or an independent opinion, that their medical condition prior to service was aggravated by active duty.
Typically, the best way to demonstrate that a pre-service issue was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to the physician's statement, the veteran is required to submit medical records as well as statements from family members or friends who can attest to their pre-service condition.
In a claim for a disability benefit for veterans, it is important to keep in mind that the aggravated condition has to differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to establish that their original condition wasn't simply aggravated because of military service, but was also more severe than what it would have been if the aggravating factor hadn't been present.
In addressing this issue, VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and disagreement in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and confusion.
Service-Connected Conditions
To be eligible for benefits, they must prove that their condition or illness is related to service. This is referred to as proving "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific Amputations that are connected to service, the service connection is granted automatically. Veterans with other conditions, like PTSD need to provide lay testimony or lay evidence from people who were close to them during their service to establish a connection between their condition with a specific event that occurred during their time in the military.
A pre-existing medical issue can be service-related if it was aggravated due to active duty service, and not the natural progression of disease. It is recommended to present a doctor's report that explains that the deterioration of the condition was caused by service and not the natural progress of the disease.
Certain ailments and injuries are believed to be 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 Prisoners of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been aggravated or caused by military service. These include AL amyloidosis, chloracne or other acneform diseases and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these probable diseases.
Appeal
The VA has a system for disability appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may complete this for you however, 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 for a higher level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference given to the previous decision) and then either reverse or confirm the earlier decision. You could or might not be able submit new evidence. You can also request a hearing before a Veterans Law judge at the Board of veterans disability attorney' Appeals, Washington D.C.
There are many factors that go into choosing the best lane for your appeal, so it is important to discuss these options with your attorney who is accredited by the VA. They'll have experience in this field and know what is the most appropriate option for your particular situation. They are also aware of the challenges faced by disabled veterans which makes them a stronger advocate on your behalf.
Time Limits
If you suffer from a physical or mental impairment which was created or worsened during your military service, you can file a claim to receive compensation. However, you'll need patient with the VA's process for review and deciding on your application. You could 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 consider your claim. The amount of evidence you provide will play a significant role in how quickly your claim is evaluated. The location of the field office that handles your claim can also influence how long it takes for the VA to review your claim.
Another factor that can impact the length of time it takes your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can, and providing specific information regarding the medical facility you use, as well as sending any requested details.
If you think there has been an error in the determination of your disability, you can request a higher-level review. This means that you submit all the evidence in your case to an experienced reviewer who will determine whether there was an error in the initial decision. However, this review can't contain new evidence.
A veteran's disability claim is a critical part of his or her benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It's no secret that VA is a long way behind in processing disability claims from veterans. A decision can take months or even years.
Aggravation
A veteran might be able to receive disability compensation for an illness that was worsened by their military service. This type of claim could be either mental or physical. A VA lawyer who is certified can help a former military member to file a claim for aggravated disabilities. A claimant must prove by proving medical evidence or an independent opinion, that their medical condition prior to service was aggravated by active duty.
Typically, the best way to demonstrate that a pre-service issue was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to the physician's statement, the veteran is required to submit medical records as well as statements from family members or friends who can attest to their pre-service condition.
In a claim for a disability benefit for veterans, it is important to keep in mind that the aggravated condition has to differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to establish that their original condition wasn't simply aggravated because of military service, but was also more severe than what it would have been if the aggravating factor hadn't been present.
In addressing this issue, VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and disagreement in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and confusion.
Service-Connected Conditions
To be eligible for benefits, they must prove that their condition or illness is related to service. This is referred to as proving "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific Amputations that are connected to service, the service connection is granted automatically. Veterans with other conditions, like PTSD need to provide lay testimony or lay evidence from people who were close to them during their service to establish a connection between their condition with a specific event that occurred during their time in the military.
A pre-existing medical issue can be service-related if it was aggravated due to active duty service, and not the natural progression of disease. It is recommended to present a doctor's report that explains that the deterioration of the condition was caused by service and not the natural progress of the disease.
Certain ailments and injuries are believed to be 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 Prisoners of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been aggravated or caused by military service. These include AL amyloidosis, chloracne or other acneform diseases and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these probable diseases.
Appeal
The VA has a system for disability appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may complete this for you however, 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 for a higher level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference given to the previous decision) and then either reverse or confirm the earlier decision. You could or might not be able submit new evidence. You can also request a hearing before a Veterans Law judge at the Board of veterans disability attorney' Appeals, Washington D.C.
There are many factors that go into choosing the best lane for your appeal, so it is important to discuss these options with your attorney who is accredited by the VA. They'll have experience in this field and know what is the most appropriate option for your particular situation. They are also aware of the challenges faced by disabled veterans which makes them a stronger advocate on your behalf.
Time Limits
If you suffer from a physical or mental impairment which was created or worsened during your military service, you can file a claim to receive compensation. However, you'll need patient with the VA's process for review and deciding on your application. You could 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 consider your claim. The amount of evidence you provide will play a significant role in how quickly your claim is evaluated. The location of the field office that handles your claim can also influence how long it takes for the VA to review your claim.
Another factor that can impact the length of time it takes your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can, and providing specific information regarding the medical facility you use, as well as sending any requested details.
If you think there has been an error in the determination of your disability, you can request a higher-level review. This means that you submit all the evidence in your case to an experienced reviewer who will determine whether there was an error in the initial decision. However, this review can't contain new evidence.
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