9 Lessons Your Parents Taught You About Veterans Disability Lawyer
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How to File a Veterans Disability Claim
The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans who have their claims approved receive a monthly income which is tax-free.
It's not a secret that VA is behind in processing disability claims of veterans. A decision can take months or even years.
Aggravation
A veteran might be able to receive compensation for disability due to a condition that was worsened due to their military service. This type of claim can be mental or physical. A licensed VA lawyer can help a former servicemember submit an aggravated claim. A claimant needs to prove via medical evidence or independent opinions, that their condition prior to service was made worse by active duty.
Typically, the most effective way to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert in the condition of the veteran. In addition to the doctor's opinion, the veteran will also require medical records and lay statements from family or friends who are able to confirm the severity of their pre-service condition.
In a veterans disability claim it is essential to be aware that the condition being aggravated has to be different from the original disability rating. A disability lawyer can guide the former soldier on how they can provide enough medical evidence and testimony to prove that their original condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.
In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
To qualify a veteran for benefits, they must demonstrate that their illness or disability is connected to service. This is referred to as "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that arise as a result of specific Amputations that are connected to service, the service connection is automatically granted. veterans disability lawsuits suffering from other conditions like PTSD and PTSD, are required to provide lay testimony or evidence from people who were close to them during their time in the military to connect their condition to an specific event that occurred during their time in the military.
A pre-existing medical issue can be a result of service if it was aggravated due to active duty service and not as a natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was caused by service, not just the natural progression of the disease.
Certain injuries and illnesses are presumed to have been caused or aggravated by the service. These are referred to as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as various Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. These include AL amyloidosis, chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these probable diseases.
Appeal
The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your lawyer who is accredited by the VA does not take this step for you, then you're able to do it yourself. This form is used to notify the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.
There are two options available for an additional level review. Both should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no consideration of previous decisions) review and either overturn the previous decision or affirm it. You could be able or not required to provide new proof. You may also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited attorney. They'll have experience and know what's best for your situation. They are also well-versed in the challenges faced by disabled veterans and can be an ideal advocate for you.
Time Limits
You can claim compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. You'll have to be patient as the VA evaluates and makes a decision on your application. It could take up to 180 calendar days after filing your claim before receiving a decision.
There are many factors that affect the time the VA will take to make an decision on your claim. How quickly your application will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the field office that handles your claim can also influence how long it will take for the VA to review your claims.
The frequency you check in with the VA to see the status of your claim can influence the time it takes to process your claim. You can speed up the claim process by providing all evidence as fast as you can, including specific details about the medical center you use, as well as providing any requested information.
You could request a higher-level review if you feel that the decision you were given regarding your disability was not correct. You'll need to provide all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. However, this review cannot contain new evidence.
The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans who have their claims approved receive a monthly income which is tax-free.
It's not a secret that VA is behind in processing disability claims of veterans. A decision can take months or even years.
Aggravation
A veteran might be able to receive compensation for disability due to a condition that was worsened due to their military service. This type of claim can be mental or physical. A licensed VA lawyer can help a former servicemember submit an aggravated claim. A claimant needs to prove via medical evidence or independent opinions, that their condition prior to service was made worse by active duty.
Typically, the most effective way to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert in the condition of the veteran. In addition to the doctor's opinion, the veteran will also require medical records and lay statements from family or friends who are able to confirm the severity of their pre-service condition.
In a veterans disability claim it is essential to be aware that the condition being aggravated has to be different from the original disability rating. A disability lawyer can guide the former soldier on how they can provide enough medical evidence and testimony to prove that their original condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.
In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
To qualify a veteran for benefits, they must demonstrate that their illness or disability is connected to service. This is referred to as "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that arise as a result of specific Amputations that are connected to service, the service connection is automatically granted. veterans disability lawsuits suffering from other conditions like PTSD and PTSD, are required to provide lay testimony or evidence from people who were close to them during their time in the military to connect their condition to an specific event that occurred during their time in the military.
A pre-existing medical issue can be a result of service if it was aggravated due to active duty service and not as a natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was caused by service, not just the natural progression of the disease.
Certain injuries and illnesses are presumed to have been caused or aggravated by the service. These are referred to as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as various Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. These include AL amyloidosis, chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these probable diseases.
Appeal
The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your lawyer who is accredited by the VA does not take this step for you, then you're able to do it yourself. This form is used to notify the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.
There are two options available for an additional level review. Both should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no consideration of previous decisions) review and either overturn the previous decision or affirm it. You could be able or not required to provide new proof. You may also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited attorney. They'll have experience and know what's best for your situation. They are also well-versed in the challenges faced by disabled veterans and can be an ideal advocate for you.
Time Limits
You can claim compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. You'll have to be patient as the VA evaluates and makes a decision on your application. It could take up to 180 calendar days after filing your claim before receiving a decision.
There are many factors that affect the time the VA will take to make an decision on your claim. How quickly your application will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the field office that handles your claim can also influence how long it will take for the VA to review your claims.
The frequency you check in with the VA to see the status of your claim can influence the time it takes to process your claim. You can speed up the claim process by providing all evidence as fast as you can, including specific details about the medical center you use, as well as providing any requested information.
You could request a higher-level review if you feel that the decision you were given regarding your disability was not correct. You'll need to provide all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. However, this review cannot contain new evidence.
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