Nine Things That Your Parent Taught You About Veterans Disability Lawy…
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How to File a veterans disability attorney Disability Claim
The claim of disability for a veteran is a vital component of the application process for benefits. Many veterans who have their claims accepted receive a monthly income that is tax free.
It's no secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.
Aggravation
A veteran may be able to receive compensation for disability due to a condition worsened by their military service. This type of claim may be mental or physical. A licensed VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant must demonstrate by proving medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.
A doctor who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the pre-service illness. In addition to a doctor's report, the veteran will also require medical records and lay statements from family or friends who can attest to the extent of their pre-service injuries.
In a veterans disability claim it is important to note that the condition being aggravated has to be distinct from the initial 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 only aggravated through military service, but actually worse than it would have been without the aggravating factor.
In addressing this issue VA is proposing to align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
To be eligible for benefits, the veteran must prove that his or her health or disability was caused by service. This is referred to as proving "service connection." For certain conditions, such as ischemic heart disease or other cardiovascular diseases that manifest due to specific service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD, veterans must provide documents or evidence from those who knew them during the military, in order to connect their illness to a specific incident that took place during their time in service.
A preexisting medical condition could be service-related in the case that it was aggravated by their active duty service and not caused by the natural progression of the disease. It is recommended to present the doctor with a report explaining that the aggravation of the condition was due to service and not the natural progression.
Certain injuries and illnesses may be presumed to be caused or aggravated because of service. They are known as "presumptive diseases." They include 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 diseases are presumed to have been caused or aggravated by service. These are AL amyloidosis, chloracne, other acne-related diseases Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.
Appeals
The VA has a system for appealing their decision on whether or not to award benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not take this step for the client, then you must do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.
You have two options for a higher level review. Both should be carefully considered. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not to submit new proof. The other option is to request a hearing before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss all of these issues with your VA-accredited lawyer. They will have experience in this field and know the best option for your particular case. They also know the difficulties that disabled veterans face and can be an ideal advocate for you.
Time Limits
You can apply for compensation if you have a disability that you acquired or worsened as a result of serving in the military. It is important to be patient as the VA evaluates and makes a decision on your claim. You could have to wait up to 180 calendar days after submitting your claim before you get an answer.
There are a variety of factors that can affect how long the VA will take to make an informed decision on your claim. The amount of evidence you submit will play a big role in the speed at which your application is reviewed. The location of the VA field office which will be evaluating your claim will also affect how long it takes.
Another factor that can impact the 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 speed up the process by sending all documentation as quickly as you can. You should also provide specific details regarding the medical center you use, as well as providing any requested information.
You can request a more thorough review if you believe the decision you were given regarding your disability was unjust. This involves submitting all facts that exist in your case to an experienced reviewer who will determine whether there was an error in the initial decision. This review doesn't contain any new evidence.
The claim of disability for a veteran is a vital component of the application process for benefits. Many veterans who have their claims accepted receive a monthly income that is tax free.
It's no secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.
Aggravation
A veteran may be able to receive compensation for disability due to a condition worsened by their military service. This type of claim may be mental or physical. A licensed VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant must demonstrate by proving medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.
A doctor who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the pre-service illness. In addition to a doctor's report, the veteran will also require medical records and lay statements from family or friends who can attest to the extent of their pre-service injuries.
In a veterans disability claim it is important to note that the condition being aggravated has to be distinct from the initial 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 only aggravated through military service, but actually worse than it would have been without the aggravating factor.
In addressing this issue VA is proposing to align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.
Conditions of Service
To be eligible for benefits, the veteran must prove that his or her health or disability was caused by service. This is referred to as proving "service connection." For certain conditions, such as ischemic heart disease or other cardiovascular diseases that manifest due to specific service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD, veterans must provide documents or evidence from those who knew them during the military, in order to connect their illness to a specific incident that took place during their time in service.
A preexisting medical condition could be service-related in the case that it was aggravated by their active duty service and not caused by the natural progression of the disease. It is recommended to present the doctor with a report explaining that the aggravation of the condition was due to service and not the natural progression.
Certain injuries and illnesses may be presumed to be caused or aggravated because of service. They are known as "presumptive diseases." They include 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 diseases are presumed to have been caused or aggravated by service. These are AL amyloidosis, chloracne, other acne-related diseases Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.
Appeals
The VA has a system for appealing their decision on whether or not to award benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not take this step for the client, then you must do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.
You have two options for a higher level review. Both should be carefully considered. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not to submit new proof. The other option is to request a hearing before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss all of these issues with your VA-accredited lawyer. They will have experience in this field and know the best option for your particular case. They also know the difficulties that disabled veterans face and can be an ideal advocate for you.
Time Limits
You can apply for compensation if you have a disability that you acquired or worsened as a result of serving in the military. It is important to be patient as the VA evaluates and makes a decision on your claim. You could have to wait up to 180 calendar days after submitting your claim before you get an answer.
There are a variety of factors that can affect how long the VA will take to make an informed decision on your claim. The amount of evidence you submit will play a big role in the speed at which your application is reviewed. The location of the VA field office which will be evaluating your claim will also affect how long it takes.
Another factor that can impact the 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 speed up the process by sending all documentation as quickly as you can. You should also provide specific details regarding the medical center you use, as well as providing any requested information.
You can request a more thorough review if you believe the decision you were given regarding your disability was unjust. This involves submitting all facts that exist in your case to an experienced reviewer who will determine whether there was an error in the initial decision. This review doesn't contain any new evidence.
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