11 Strategies To Refresh Your Veterans Disability Lawyer
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How to File a Veterans Disability Claim
A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.
It's not a secret that VA is behind in processing disability claims of veterans. It can take months, even years for a determination to be made.
Aggravation
Veterans may be eligible for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A VA lawyer who is certified can assist a former military member submit an aggravated disabilities claim. The claimant must prove via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.
A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to a doctor's report the veteran will have to submit medical records and lay assertions from family or friends who are able to confirm the seriousness of their pre-service ailments.
In a veterans disability claim, it is important to note that the aggravated condition must differ 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 only aggravated by military service, however, it was much worse than what it would have been if the aggravating factor weren't present.
In order to address this issue, VA proposes to re-align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and controversies during the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.
Conditions Associated with Service
To be eligible for benefits, veterans must show that the cause of their impairment or illness was caused by service. This is known as showing "service connection." For some diseases, such as ischemic heart disease, or other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD veterans are required to provide the evidence of laypeople or those who knew them during the military, in order to connect their condition to a specific incident that took place during their time of service.
A preexisting medical condition could also be service-connected if it was aggravated by active duty and not by natural progress of the disease. The best way to prove this is by providing a doctor's opinion that states that the aggravation was due to service and not just the normal progression of the condition.
Certain ailments and injuries are presumed to have been caused or worsened by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or caused by military service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.
Appeal
The VA has a process to appeal their decision regarding whether or not they will grant benefits. The first step is to submit a Notice of Dispute. The VA-accredited attorney you have chosen will file this on your behalf however, if not, you can do it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and want a higher level review of your case.
There are two routes to an upper-level review that you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no review is given to previous decisions) review and either reverse the previous decision or affirm it. You may or not be allowed to submit new evidence. The alternative is to request a hearing before a Veterans Law Judge from the Board of veterans disability attorneys' Appeals in Washington, D.C.
It is important to discuss these issues with your VA-accredited attorney. They'll have experience in this area and will know what is the most appropriate option for your particular situation. They also understand the challenges faced by disabled veterans, which can make them a stronger advocate for you.
Time Limits
You may be eligible for compensation if you have a disability that you acquired or worsened in the course of serving in the military. But you'll have to be patient when it comes to the process of review and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before you receive a decision.
Numerous factors can affect how long it takes the VA to determine your claim. The amount of evidence you provide will play a big role in how quickly your claim is considered. The location of the VA field office who will review your claim will also affect the length of time required to review.
Another factor that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to check on its progress. You can speed up the claim process by submitting all evidence as quickly as you can, and providing specific information regarding the medical facility you use, and sending any requested information.
If you think there was an error in the decision regarding your disability, you may request a higher-level review. This involves submitting all the relevant facts of your case to a senior reviewer who can determine if there was an error in the original decision. This review doesn't contain any new evidence.
A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.
It's not a secret that VA is behind in processing disability claims of veterans. It can take months, even years for a determination to be made.
Aggravation
Veterans may be eligible for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A VA lawyer who is certified can assist a former military member submit an aggravated disabilities claim. The claimant must prove via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.
A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to a doctor's report the veteran will have to submit medical records and lay assertions from family or friends who are able to confirm the seriousness of their pre-service ailments.
In a veterans disability claim, it is important to note that the aggravated condition must differ 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 only aggravated by military service, however, it was much worse than what it would have been if the aggravating factor weren't present.
In order to address this issue, VA proposes to re-align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and controversies during the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.
Conditions Associated with Service
To be eligible for benefits, veterans must show that the cause of their impairment or illness was caused by service. This is known as showing "service connection." For some diseases, such as ischemic heart disease, or other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD veterans are required to provide the evidence of laypeople or those who knew them during the military, in order to connect their condition to a specific incident that took place during their time of service.
A preexisting medical condition could also be service-connected if it was aggravated by active duty and not by natural progress of the disease. The best way to prove this is by providing a doctor's opinion that states that the aggravation was due to service and not just the normal progression of the condition.
Certain ailments and injuries are presumed to have been caused or worsened by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or caused by military service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.
Appeal
The VA has a process to appeal their decision regarding whether or not they will grant benefits. The first step is to submit a Notice of Dispute. The VA-accredited attorney you have chosen will file this on your behalf however, if not, you can do it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and want a higher level review of your case.
There are two routes to an upper-level review that you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no review is given to previous decisions) review and either reverse the previous decision or affirm it. You may or not be allowed to submit new evidence. The alternative is to request a hearing before a Veterans Law Judge from the Board of veterans disability attorneys' Appeals in Washington, D.C.
It is important to discuss these issues with your VA-accredited attorney. They'll have experience in this area and will know what is the most appropriate option for your particular situation. They also understand the challenges faced by disabled veterans, which can make them a stronger advocate for you.
Time Limits
You may be eligible for compensation if you have a disability that you acquired or worsened in the course of serving in the military. But you'll have to be patient when it comes to the process of review and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before you receive a decision.
Numerous factors can affect how long it takes the VA to determine your claim. The amount of evidence you provide will play a big role in how quickly your claim is considered. The location of the VA field office who will review your claim will also affect the length of time required to review.
Another factor that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to check on its progress. You can speed up the claim process by submitting all evidence as quickly as you can, and providing specific information regarding the medical facility you use, and sending any requested information.
If you think there was an error in the decision regarding your disability, you may request a higher-level review. This involves submitting all the relevant facts of your case to a senior reviewer who can determine if there was an error in the original decision. This review doesn't contain any new evidence.
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