10 Things That Your Family Teach You About Veterans Disability Lawyer
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How to File a Veterans Disability Claim
A veteran's disability claim is a crucial element of their benefit application. Many veterans receive tax-free income after their claims are approved.
It's no secret that the VA is way behind in the process of processing disability claims for veterans. The process can take months or even years.
Aggravation
A veteran could be eligible get disability compensation in the event of a condition that was worsened due to their military service. This kind of claim can be mental or physical. A qualified VA lawyer can help a former servicemember make an aggravated disability claim. A claimant must show, with medical evidence or an independent opinion, that their medical condition prior to serving was aggravated by active duty.
Typically the most effective way to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to a doctor's statement, the veteran will also need to submit medical records and lay declarations from friends or family members who can attest to the extent of their pre-service injuries.
In a veterans disability claim, it is important to note that the aggravated condition has to differ from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimonies to show that their initial condition wasn't only aggravated due to military service, but that it was more severe than 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 & 3.310. The difference in the wording of these provisions has led to confusion and debate during the process of filing claims. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.
Conditions that are associated with Service
To qualify for benefits, a veteran must prove that the health or disability was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop due to specific service-connected amputations. For other conditions, like PTSD the veterans disability law firms must present the evidence of laypeople or people who knew them in the military, to connect their condition to a specific incident that occurred during their time of service.
A pre-existing medical condition can be service-related when it was made worse because of active duty and not as a natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was due to service and not the natural progress of the disease.
Certain ailments and injuries can be thought to be caused or aggravated because of service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by service. These include AL amyloidosis and chloracne as well as other acne-related disorders and porphyria cutsanea tarda tuberculosis and 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 to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you can complete it on your own. This form is used to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.
There are two options for an upper-level review and both of them are options you must carefully consider. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either overturn the previous decision or affirm the decision. You might or may not be allowed to submit new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss these aspects with your lawyer who is accredited by the VA. They're experienced and know what's best for your situation. They are also aware of the difficulties that disabled veterans face and can be an effective advocate for you.
Time Limits
If you suffer from a disability that was incurred or worsened during military service, then you can file a claim to receive compensation. But you'll have to be patient during the process of considering and deciding about your claim. It may take up to 180 days after the claim has been filed before you get a decision.
Numerous factors can affect the time it takes for VA to consider your claim. The amount of evidence you provide will play a big role in the speed at which your application is considered. The location of the field office that handles your claim can also influence the time it takes for the VA to review your claims.
The frequency you check in with the VA regarding the status of your claim could affect the length of time it takes to finish the process. You can help speed up the process by submitting evidence as soon as possible and being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information immediately when it becomes available.
If you think there was a mistake in the determination of your disability, then you can request a higher-level review. This involves submitting all the relevant facts of your case to an expert reviewer who can determine whether there was a mistake in the original decision. The review doesn't include any new evidence.
A veteran's disability claim is a crucial element of their benefit application. Many veterans receive tax-free income after their claims are approved.
It's no secret that the VA is way behind in the process of processing disability claims for veterans. The process can take months or even years.
Aggravation
A veteran could be eligible get disability compensation in the event of a condition that was worsened due to their military service. This kind of claim can be mental or physical. A qualified VA lawyer can help a former servicemember make an aggravated disability claim. A claimant must show, with medical evidence or an independent opinion, that their medical condition prior to serving was aggravated by active duty.
Typically the most effective way to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to a doctor's statement, the veteran will also need to submit medical records and lay declarations from friends or family members who can attest to the extent of their pre-service injuries.
In a veterans disability claim, it is important to note that the aggravated condition has to differ from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimonies to show that their initial condition wasn't only aggravated due to military service, but that it was more severe than 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 & 3.310. The difference in the wording of these provisions has led to confusion and debate during the process of filing claims. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.
Conditions that are associated with Service
To qualify for benefits, a veteran must prove that the health or disability was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop due to specific service-connected amputations. For other conditions, like PTSD the veterans disability law firms must present the evidence of laypeople or people who knew them in the military, to connect their condition to a specific incident that occurred during their time of service.
A pre-existing medical condition can be service-related when it was made worse because of active duty and not as a natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was due to service and not the natural progress of the disease.
Certain ailments and injuries can be thought to be caused or aggravated because of service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by service. These include AL amyloidosis and chloracne as well as other acne-related disorders and porphyria cutsanea tarda tuberculosis and 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 to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you can complete it on your own. This form is used to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.
There are two options for an upper-level review and both of them are options you must carefully consider. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either overturn the previous decision or affirm the decision. You might or may not be allowed to submit new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss these aspects with your lawyer who is accredited by the VA. They're experienced and know what's best for your situation. They are also aware of the difficulties that disabled veterans face and can be an effective advocate for you.
Time Limits
If you suffer from a disability that was incurred or worsened during military service, then you can file a claim to receive compensation. But you'll have to be patient during the process of considering and deciding about your claim. It may take up to 180 days after the claim has been filed before you get a decision.
Numerous factors can affect the time it takes for VA to consider your claim. The amount of evidence you provide will play a big role in the speed at which your application is considered. The location of the field office that handles your claim can also influence the time it takes for the VA to review your claims.
The frequency you check in with the VA regarding the status of your claim could affect the length of time it takes to finish the process. You can help speed up the process by submitting evidence as soon as possible and being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information immediately when it becomes available.
If you think there was a mistake in the determination of your disability, then you can request a higher-level review. This involves submitting all the relevant facts of your case to an expert reviewer who can determine whether there was a mistake in the original decision. The review doesn't include any new evidence.
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