9 . What Your Parents Taught You About Veterans Disability Lawyer
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How to File a Veterans Disability Lawyer Disability Claim
A veteran's disability claim is an important part of his or her benefit application. Many veterans get tax-free income when their claims are approved.
It's not a secret that the VA is a long way behind in the process of processing disability claims from veterans. The process can take months or even years.
Aggravation
Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim is known as an aggravated impairment and can be either mental or physical. A VA lawyer who is qualified can assist a former military member submit an aggravated disabilities claim. A claimant must prove by proving medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.
Typically the most effective way to prove that a pre-service condition was aggravated is to get an independent medical opinion by an expert in the condition of the veteran. In addition to the doctor's opinion, the veteran is required to submit medical records and statements from relatives or friends who can attest to their pre-service condition.
It is important to note in a veterans disability claim that the aggravated conditions must be different from the original disability rating. An attorney for disability can guide the former service member on how they can provide enough medical evidence and proof that their original condition was not only aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.
In order to address this issue VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differences in the 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" are the main cause of litigation.
Service-Connected Conditions
To be eligible for benefits, veterans disability law firm must show that the disability or illness was caused by service. This is referred to as "service connection." For some diseases, such as ischemic heart disease or other cardiovascular diseases that develop as a result of specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD the veterans must present witnesses or lay evidence from people who knew them in the military to prove their condition to an specific incident that occurred during their time in service.
A preexisting medical condition could also be service-related in the event that it was aggravated by active duty and not due to the natural progress of the disease. The most effective way to prove this is to present an opinion from a doctor that states that the ailment was due to service and not just the normal progress of the condition.
Certain injuries and illnesses are presumed to have been caused or aggravated by service. These are known as "presumptive diseases." This includes 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. Some chronic diseases and tropical diseases are also thought to be caused or aggravated from service. They include AL amyloidosis and chloracne as well as other acne-related conditions and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive diseases, click here.
Appeal
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf, but if they do not, you are able to file it yourself. This form is used to inform the VA you disagree with their decision and you'd like to have a more thorough review of your case.
There are two routes to an upscale review and both of them are options you should carefully consider. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will perform a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or maintain the decision. You may or not be able submit new evidence. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many aspects to consider when selecting the most effective route for your appeal, so it's important to discuss these with your attorney who is accredited by the VA. They'll have experience and will know the best route for your situation. They are also well-versed in the difficulties faced by disabled veterans and their families, which makes them an ideal advocate for you.
Time Limits
You can apply for compensation if you have a disability that was acquired or worsened while serving in the military. However, you'll need to be patient when it comes to the VA's process for reviewing and deciding on your claim. It could take up 180 days after your claim is submitted before you get an answer.
Many factors affect how long it takes the VA to consider your claim. The amount of evidence you provide will play a significant role in how quickly your claim is considered. The location of the field office responsible for your claim will also impact how long it takes for the VA to review your claim.
The frequency you check in with the VA regarding the status of your claim can also affect the time it takes to complete the process. You can help accelerate the process by submitting evidence as soon as possible, being specific in your information regarding the addresses of the medical care facilities you utilize, and providing any requested information immediately when it becomes available.
If you believe that there has been a mistake in the decision on your disability, then you can request a higher-level review. This involves submitting all the existing facts in your case to an expert reviewer who can determine if there was an error in the original decision. This review does not include any new evidence.
A veteran's disability claim is an important part of his or her benefit application. Many veterans get tax-free income when their claims are approved.
It's not a secret that the VA is a long way behind in the process of processing disability claims from veterans. The process can take months or even years.
Aggravation
Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim is known as an aggravated impairment and can be either mental or physical. A VA lawyer who is qualified can assist a former military member submit an aggravated disabilities claim. A claimant must prove by proving medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.
Typically the most effective way to prove that a pre-service condition was aggravated is to get an independent medical opinion by an expert in the condition of the veteran. In addition to the doctor's opinion, the veteran is required to submit medical records and statements from relatives or friends who can attest to their pre-service condition.
It is important to note in a veterans disability claim that the aggravated conditions must be different from the original disability rating. An attorney for disability can guide the former service member on how they can provide enough medical evidence and proof that their original condition was not only aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.
In order to address this issue VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differences in the 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" are the main cause of litigation.
Service-Connected Conditions
To be eligible for benefits, veterans disability law firm must show that the disability or illness was caused by service. This is referred to as "service connection." For some diseases, such as ischemic heart disease or other cardiovascular diseases that develop as a result of specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD the veterans must present witnesses or lay evidence from people who knew them in the military to prove their condition to an specific incident that occurred during their time in service.
A preexisting medical condition could also be service-related in the event that it was aggravated by active duty and not due to the natural progress of the disease. The most effective way to prove this is to present an opinion from a doctor that states that the ailment was due to service and not just the normal progress of the condition.
Certain injuries and illnesses are presumed to have been caused or aggravated by service. These are known as "presumptive diseases." This includes 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. Some chronic diseases and tropical diseases are also thought to be caused or aggravated from service. They include AL amyloidosis and chloracne as well as other acne-related conditions and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive diseases, click here.
Appeal
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf, but if they do not, you are able to file it yourself. This form is used to inform the VA you disagree with their decision and you'd like to have a more thorough review of your case.
There are two routes to an upscale review and both of them are options you should carefully consider. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will perform a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or maintain the decision. You may or not be able submit new evidence. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many aspects to consider when selecting the most effective route for your appeal, so it's important to discuss these with your attorney who is accredited by the VA. They'll have experience and will know the best route for your situation. They are also well-versed in the difficulties faced by disabled veterans and their families, which makes them an ideal advocate for you.
Time Limits
You can apply for compensation if you have a disability that was acquired or worsened while serving in the military. However, you'll need to be patient when it comes to the VA's process for reviewing and deciding on your claim. It could take up 180 days after your claim is submitted before you get an answer.
Many factors affect how long it takes the VA to consider your claim. The amount of evidence you provide will play a significant role in how quickly your claim is considered. The location of the field office responsible for your claim will also impact how long it takes for the VA to review your claim.
The frequency you check in with the VA regarding the status of your claim can also affect the time it takes to complete the process. You can help accelerate the process by submitting evidence as soon as possible, being specific in your information regarding the addresses of the medical care facilities you utilize, and providing any requested information immediately when it becomes available.
If you believe that there has been a mistake in the decision on your disability, then you can request a higher-level review. This involves submitting all the existing facts in your case to an expert reviewer who can determine if there was an error in the original decision. This review does not include any new evidence.
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