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 crucial element of the application for benefits. Many veterans disability attorney who have their claims approved receive additional monthly income that is tax-free.
It's not a 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 may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim could be mental or physical. A VA lawyer who is competent can help an ex-military member make an aggravated disability claim. The claimant must demonstrate, with medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.
A doctor who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to a physician's declaration the veteran will also need to submit medical records and lay assertions from family members or friends who can testify to the seriousness of their pre-service ailments.
In a veterans disability claim it is important to remember that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony to establish that their original condition wasn't only aggravated by military service, but that it was more severe than what it would have been had the aggravating factor had not been present.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversies during the process of filing claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.
Service-Connected Terms
To be eligible for benefits, the veteran must prove that their health or disability was caused by service. This is called showing "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations linked to service. Veterans suffering from other conditions such as PTSD need to provide witness testimony or lay evidence from people who knew them during their service to establish a connection between their condition with a specific event that occurred during their military service.
A pre-existing medical problem can be service-related in the case that it was aggravated because of active duty and not as a natural progression of disease. It is best to submit an explanation from a doctor that the aggravation of the condition was caused by service and not the natural development of the disease.
Certain illnesses and injuries may be presumed to be caused or aggravated due to service. These are called "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as numerous Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been caused or aggravated by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more details on these probable conditions, click here.
Appeal
The VA has a system to appeal their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however, if not, you are able to file it yourself. This form allows you to inform the VA you disagree with their decision and that you'd like to have a more thorough review of your case.
There are two options for a more thorough review and both of them are options you should take into consideration. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or uphold the decision. You may be required or not required to submit a new proof. The alternative is to request an interview with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these issues with your VA-accredited attorney. They'll have expertise in this field and know what makes sense for your specific case. They are also familiar with the difficulties faced by disabled veterans, which makes them a better advocate for you.
Time Limits
If you have a disability that was acquired or worsened during military service, veterans disability then you may file a claim to receive compensation. However, you'll need patient with the VA's process of taking a look at and deciding on your claim. It could take as long as 180 days after the claim has been submitted before you get an answer.
Many factors can influence the time it takes for the VA to determine your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence you provide. The location of the VA field office that will be reviewing your claim will also affect how long it takes.
The frequency you check in with the VA to check the status of your claim can also affect the time it takes to complete the process. You can accelerate the process by sending all documentation as quickly as possible, providing specific information about the medical care facility you use, as well as sending any requested information.
You may request a higher-level review if you believe the decision you were given regarding your disability was incorrect. You'll need to provide all the facts of your case to an experienced reviewer who will determine whether there an error in the initial decision. However, this review cannot contain new evidence.
The claim of a disabled veteran is a crucial element of the application for benefits. Many veterans disability attorney who have their claims approved receive additional monthly income that is tax-free.
It's not a 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 may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim could be mental or physical. A VA lawyer who is competent can help an ex-military member make an aggravated disability claim. The claimant must demonstrate, with medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.
A doctor who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to a physician's declaration the veteran will also need to submit medical records and lay assertions from family members or friends who can testify to the seriousness of their pre-service ailments.
In a veterans disability claim it is important to remember that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony to establish that their original condition wasn't only aggravated by military service, but that it was more severe than what it would have been had the aggravating factor had not been present.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversies during the process of filing claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.
Service-Connected Terms
To be eligible for benefits, the veteran must prove that their health or disability was caused by service. This is called showing "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations linked to service. Veterans suffering from other conditions such as PTSD need to provide witness testimony or lay evidence from people who knew them during their service to establish a connection between their condition with a specific event that occurred during their military service.
A pre-existing medical problem can be service-related in the case that it was aggravated because of active duty and not as a natural progression of disease. It is best to submit an explanation from a doctor that the aggravation of the condition was caused by service and not the natural development of the disease.
Certain illnesses and injuries may be presumed to be caused or aggravated due to service. These are called "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as numerous Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been caused or aggravated by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more details on these probable conditions, click here.
Appeal
The VA has a system to appeal their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however, if not, you are able to file it yourself. This form allows you to inform the VA you disagree with their decision and that you'd like to have a more thorough review of your case.
There are two options for a more thorough review and both of them are options you should take into consideration. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or uphold the decision. You may be required or not required to submit a new proof. The alternative is to request an interview with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these issues with your VA-accredited attorney. They'll have expertise in this field and know what makes sense for your specific case. They are also familiar with the difficulties faced by disabled veterans, which makes them a better advocate for you.
Time Limits
If you have a disability that was acquired or worsened during military service, veterans disability then you may file a claim to receive compensation. However, you'll need patient with the VA's process of taking a look at and deciding on your claim. It could take as long as 180 days after the claim has been submitted before you get an answer.
Many factors can influence the time it takes for the VA to determine your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence you provide. The location of the VA field office that will be reviewing your claim will also affect how long it takes.
The frequency you check in with the VA to check the status of your claim can also affect the time it takes to complete the process. You can accelerate the process by sending all documentation as quickly as possible, providing specific information about the medical care facility you use, as well as sending any requested information.
You may request a higher-level review if you believe the decision you were given regarding your disability was incorrect. You'll need to provide all the facts of your case to an experienced reviewer who will determine whether there an error in the initial decision. However, this review cannot contain new evidence.
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