9 . What Your Parents Taught You About Veterans Disability Lawyer
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How to File a veterans disability lawyer; hyperlink, Disability Claim
The claim of a veteran for disability is a key element of the application for benefits. Many veterans receive tax-free income when their claims are granted.
It's not secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.
Aggravation
A veteran could be eligible to receive disability compensation for a condition worsened due to their military service. This type of claim could be physical or mental. A VA lawyer who is competent can help an ex-military person make an aggravated disability claim. A claimant must demonstrate via medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.
Typically the best way to demonstrate that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's opinion the veteran will also have to submit medical records as well as lay statements from family or friends who can confirm the severity of their pre-service condition.
In a claim for a disability benefit for veterans it is important to note that the aggravated condition must be different from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony in order to prove that their original condition wasn't simply aggravated because of military service, but was also more severe than what it would have been had the aggravating factor weren't present.
VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and debate regarding the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.
Conditions of Service
To qualify a veteran for benefits, they have to prove that their condition or illness is linked to service. This is called showing "service connection." For some conditions, like ischemic heart disease, or other cardiovascular diseases that manifest because of services-connected amputations is automatically granted. For other conditions, like PTSD the veterans must present documents or evidence from those who knew them during the military, to link their condition to an specific incident that occurred during their time of service.
A pre-existing medical condition can be a service-related issue if it was aggravated due to active duty service and not as a natural progression of the disease. The most effective way to prove this is to present the doctor's opinion that the aggravation was due to service, and not the normal progression of the condition.
Certain illnesses and injuries are presumed to have been caused or worsened by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or triggered by service. These include AL amyloidosis and chloracne as well as other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.
Appeal
The VA has a procedure to appeal their decision as to whether or not to award benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer will not take this step for you, you are able to complete it on your own. This form is used by the VA to inform them that you disagree with their decision and would like a more thorough review of your case.
There are two options for a more thorough review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and either reverse or affirm the earlier decision. You could be able or not to submit new proof. Another option is to request an appointment before a veterans disability lawyers Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss all of these factors with your VA-accredited attorney. They're experienced in this field and know what makes sense for your specific case. They also know the issues that disabled veterans face which makes them a stronger advocate for you.
Time Limits
If you suffer from a condition that was acquired or worsened during your military service, you can file a claim and receive compensation. However, you'll need to be patient during the VA's process of reviewing and deciding on your claim. It could take up to 180 calendar days after submitting your claim before you get an answer.
There are many factors which can impact the length of time the VA takes to make an assessment of your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence that you submit. The location of the VA field office who will review your claim can also impact the time it takes to review your claim.
The frequency you check in with the VA regarding the status of your claim can affect the time it takes to complete the process. You can speed up the process by making sure to submit all evidence as swiftly as you can, including specific details regarding the medical care facility you use, as well as sending any requested information.
If you think there was a mistake in the decision made regarding your disability, you are able to request a more thorough review. You must submit all the details of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. This review does not include any new evidence.
The claim of a veteran for disability is a key element of the application for benefits. Many veterans receive tax-free income when their claims are granted.
It's not secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.
Aggravation
A veteran could be eligible to receive disability compensation for a condition worsened due to their military service. This type of claim could be physical or mental. A VA lawyer who is competent can help an ex-military person make an aggravated disability claim. A claimant must demonstrate via medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.
Typically the best way to demonstrate that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's opinion the veteran will also have to submit medical records as well as lay statements from family or friends who can confirm the severity of their pre-service condition.
In a claim for a disability benefit for veterans it is important to note that the aggravated condition must be different from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony in order to prove that their original condition wasn't simply aggravated because of military service, but was also more severe than what it would have been had the aggravating factor weren't present.
VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and debate regarding the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.
Conditions of Service
To qualify a veteran for benefits, they have to prove that their condition or illness is linked to service. This is called showing "service connection." For some conditions, like ischemic heart disease, or other cardiovascular diseases that manifest because of services-connected amputations is automatically granted. For other conditions, like PTSD the veterans must present documents or evidence from those who knew them during the military, to link their condition to an specific incident that occurred during their time of service.
A pre-existing medical condition can be a service-related issue if it was aggravated due to active duty service and not as a natural progression of the disease. The most effective way to prove this is to present the doctor's opinion that the aggravation was due to service, and not the normal progression of the condition.
Certain illnesses and injuries are presumed to have been caused or worsened by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or triggered by service. These include AL amyloidosis and chloracne as well as other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.
Appeal
The VA has a procedure to appeal their decision as to whether or not to award benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer will not take this step for you, you are able to complete it on your own. This form is used by the VA to inform them that you disagree with their decision and would like a more thorough review of your case.
There are two options for a more thorough review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and either reverse or affirm the earlier decision. You could be able or not to submit new proof. Another option is to request an appointment before a veterans disability lawyers Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is important to discuss all of these factors with your VA-accredited attorney. They're experienced in this field and know what makes sense for your specific case. They also know the issues that disabled veterans face which makes them a stronger advocate for you.
Time Limits
If you suffer from a condition that was acquired or worsened during your military service, you can file a claim and receive compensation. However, you'll need to be patient during the VA's process of reviewing and deciding on your claim. It could take up to 180 calendar days after submitting your claim before you get an answer.
There are many factors which can impact the length of time the VA takes to make an assessment of your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence that you submit. The location of the VA field office who will review your claim can also impact the time it takes to review your claim.
The frequency you check in with the VA regarding the status of your claim can affect the time it takes to complete the process. You can speed up the process by making sure to submit all evidence as swiftly as you can, including specific details regarding the medical care facility you use, as well as sending any requested information.
If you think there was a mistake in the decision made regarding your disability, you are able to request a more thorough review. You must submit all the details of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. This review does not include any new evidence.
