Nine Things That Your Parent Taught You About Veterans Disability Lawy…
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How to File a Veterans Disability Claim
The claim of a veteran for disability is a key element of the application for benefits. Many veterans disability attorney earn tax-free earnings when their claims are accepted.
It's no secret that the VA is a long way behind in processing disability claims for veterans. The process can take months or even years.
Aggravation
Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This type of claim is referred to as an aggravated impairment and can be mental or physical. A qualified VA lawyer can help a former servicemember submit an aggravated claim. The claimant must prove via medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.
A doctor who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the doctor's opinion, the veteran will also have to submit medical records and lay assertions from family or friends who can confirm the extent of their pre-service injuries.
In a claim for disability benefits for veterans disability Lawyer it is important to keep in mind that the aggravated condition has to be distinct from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to prove that their original condition wasn't simply aggravated due to military service but it was worse than it would have been had the aggravating factor hadn't been present.
In addressing this issue, VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy in the process of making claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.
Service-Connected Terms
To be eligible for benefits, they have to prove that their condition or illness is related to service. This is known as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular conditions that develop due to specific amputations connected to service. For other conditions, such as PTSD veterans have to present lay evidence or testimony from those who knew them during the military, to connect their condition to a specific incident that occurred during their time of service.
A pre-existing medical issue can also be service related if it was aggravated because of active duty and not due to the natural progression of disease. The best method to establish this is by submitting the doctor's opinion that the aggravation was due to service and not just the normal development of the condition.
Certain illnesses and injuries are presumed to have been caused or aggravated due to service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or caused by service. These include AL amyloidosis and chloracne as well as other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these presumptive conditions, click here.
Appeals
The VA has a system for appealing their decision on whether or not to grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however, if not, you are able to file it yourself. This form is used to tell the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.
There are two options for an upper-level review that you should take into consideration. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the decision made previously) and then either reverse or confirm the earlier decision. You may or may not be able to present new evidence. The other option is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are many factors to consider when choosing the best route for your appeal, so it's important to discuss these with your VA-accredited attorney. They're experienced in this area and will know what makes the most sense for your particular case. They are also familiar with the difficulties that disabled veterans face and can be an ideal advocate for you.
Time Limits
You can apply for compensation if you suffer from a disability that you acquired or worsened while serving in the military. However, you'll need to be patient during the process of review and deciding on the merits of your claim. It could take up to 180 calendar days after submitting your claim before receiving an answer.
There are many factors that affect the time the VA will take to make an assessment of your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you have submitted. The location of the field office handling your claim also influences the time it will take for the VA to review your claim.
Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check on the progress of your claim. You can speed up the process by submitting your 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 as soon as it's available.
You can request a higher level review if you believe that the decision you were given regarding your disability was unjust. You'll need to provide all the details of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.
The claim of a veteran for disability is a key element of the application for benefits. Many veterans disability attorney earn tax-free earnings when their claims are accepted.
It's no secret that the VA is a long way behind in processing disability claims for veterans. The process can take months or even years.
Aggravation
Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This type of claim is referred to as an aggravated impairment and can be mental or physical. A qualified VA lawyer can help a former servicemember submit an aggravated claim. The claimant must prove via medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.
A doctor who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the doctor's opinion, the veteran will also have to submit medical records and lay assertions from family or friends who can confirm the extent of their pre-service injuries.
In a claim for disability benefits for veterans disability Lawyer it is important to keep in mind that the aggravated condition has to be distinct from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to prove that their original condition wasn't simply aggravated due to military service but it was worse than it would have been had the aggravating factor hadn't been present.
In addressing this issue, VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy in the process of making claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.
Service-Connected Terms
To be eligible for benefits, they have to prove that their condition or illness is related to service. This is known as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular conditions that develop due to specific amputations connected to service. For other conditions, such as PTSD veterans have to present lay evidence or testimony from those who knew them during the military, to connect their condition to a specific incident that occurred during their time of service.
A pre-existing medical issue can also be service related if it was aggravated because of active duty and not due to the natural progression of disease. The best method to establish this is by submitting the doctor's opinion that the aggravation was due to service and not just the normal development of the condition.
Certain illnesses and injuries are presumed to have been caused or aggravated due to service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or caused by service. These include AL amyloidosis and chloracne as well as other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these presumptive conditions, click here.
Appeals
The VA has a system for appealing their decision on whether or not to grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however, if not, you are able to file it yourself. This form is used to tell the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.
There are two options for an upper-level review that you should take into consideration. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the decision made previously) and then either reverse or confirm the earlier decision. You may or may not be able to present new evidence. The other option is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are many factors to consider when choosing the best route for your appeal, so it's important to discuss these with your VA-accredited attorney. They're experienced in this area and will know what makes the most sense for your particular case. They are also familiar with the difficulties that disabled veterans face and can be an ideal advocate for you.
Time Limits
You can apply for compensation if you suffer from a disability that you acquired or worsened while serving in the military. However, you'll need to be patient during the process of review and deciding on the merits of your claim. It could take up to 180 calendar days after submitting your claim before receiving an answer.
There are many factors that affect the time the VA will take to make an assessment of your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you have submitted. The location of the field office handling your claim also influences the time it will take for the VA to review your claim.
Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check on the progress of your claim. You can speed up the process by submitting your 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 as soon as it's available.
You can request a higher level review if you believe that the decision you were given regarding your disability was unjust. You'll need to provide all the details of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.
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