9 . What 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 vital part of submitting an application for benefits. Many veterans who have their claims approved receive an additional monthly income which is tax-free.
It's no secret that VA is a long way behind in the process of processing disability claims from veterans. A decision can take months or even years.
Aggravation
A veteran could be eligible to claim disability compensation for a condition that was made worse by their military service. This type of claim is called an aggravated disability and can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member submit an aggravated disabilities claim. A claimant needs to prove by proving medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.
A physician who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's statement the veteran must also provide medical records and statements from relatives or friends who can attest to their pre-service condition.
In a veterans disability claim it is crucial to note that the condition that is aggravated must differ from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to prove that their previous condition wasn't only aggravated by military service, however, it was much worse than it would have been had the aggravating factor weren't present.
In order to address this issue VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversy in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.
Conditions Associated with Service
To qualify a veteran for benefits, they must demonstrate that their disability or illness is related to service. This is called showing "service connection." For certain diseases, such as Ischemic heart disease and other cardiovascular diseases that arise due to specific services-connected amputations is automatically granted. Veterans with other conditions such as PTSD, must provide the evidence of lay witnesses or from people who were close to them during their time in the military to connect their condition to an specific event that occurred during their time in the military.
A pre-existing medical issue can be a service-related issue when it was made worse by active duty and not due to the natural progression of the disease. The best way to prove this is by providing the opinion of a doctor that the ailment was due to service, and not the normal development of the condition.
Certain injuries and illnesses can be attributed to or aggravated because of service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawsuit, radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or caused by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.
Appeals
The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you can do it yourself. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.
There are two options for higher-level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review is given to previous decisions) review and either overturn the earlier decision or uphold it. You may or may not be able submit new evidence. Another option is to request an appointment with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
There are a variety of factors that go into choosing the best route for your appeal, and it's important to discuss these options with your VA-accredited attorney. They'll have expertise in this area and will know the best option for your particular case. They are also aware of the challenges faced by disabled veterans and can be a better advocate for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened while serving in the military. You'll need to wait as the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after submitting your claim to receive an answer.
There are many variables which can impact the length of time the VA takes to make a decision on your claim. The amount of evidence you submit will play a big role in the speed at which your claim is reviewed. The location of the VA field office which will be reviewing your claim could also impact the length of time required to review.
Another factor that can impact the time it takes your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process by submitting your evidence whenever you can and by providing specific address details for the medical care facilities you use, and sending any requested information as soon as it's available.
If you believe there has been an error in the decision made regarding your disability, you can request a more thorough review. This involves submitting all evidence in your case to an expert reviewer who can determine if there was an error in the original decision. The review doesn't include any new evidence.
The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans who have their claims approved receive an additional monthly income which is tax-free.
It's no secret that VA is a long way behind in the process of processing disability claims from veterans. A decision can take months or even years.
Aggravation
A veteran could be eligible to claim disability compensation for a condition that was made worse by their military service. This type of claim is called an aggravated disability and can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member submit an aggravated disabilities claim. A claimant needs to prove by proving medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.
A physician who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's statement the veteran must also provide medical records and statements from relatives or friends who can attest to their pre-service condition.
In a veterans disability claim it is crucial to note that the condition that is aggravated must differ from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to prove that their previous condition wasn't only aggravated by military service, however, it was much worse than it would have been had the aggravating factor weren't present.
In order to address this issue VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversy in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.
Conditions Associated with Service
To qualify a veteran for benefits, they must demonstrate that their disability or illness is related to service. This is called showing "service connection." For certain diseases, such as Ischemic heart disease and other cardiovascular diseases that arise due to specific services-connected amputations is automatically granted. Veterans with other conditions such as PTSD, must provide the evidence of lay witnesses or from people who were close to them during their time in the military to connect their condition to an specific event that occurred during their time in the military.
A pre-existing medical issue can be a service-related issue when it was made worse by active duty and not due to the natural progression of the disease. The best way to prove this is by providing the opinion of a doctor that the ailment was due to service, and not the normal development of the condition.
Certain injuries and illnesses can be attributed to or aggravated because of service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawsuit, radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or caused by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.
Appeals
The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you can do it yourself. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.
There are two options for higher-level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review is given to previous decisions) review and either overturn the earlier decision or uphold it. You may or may not be able submit new evidence. Another option is to request an appointment with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
There are a variety of factors that go into choosing the best route for your appeal, and it's important to discuss these options with your VA-accredited attorney. They'll have expertise in this area and will know the best option for your particular case. They are also aware of the challenges faced by disabled veterans and can be a better advocate for you.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened while serving in the military. You'll need to wait as the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after submitting your claim to receive an answer.
There are many variables which can impact the length of time the VA takes to make a decision on your claim. The amount of evidence you submit will play a big role in the speed at which your claim is reviewed. The location of the VA field office which will be reviewing your claim could also impact the length of time required to review.
Another factor that can impact the time it takes your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process by submitting your evidence whenever you can and by providing specific address details for the medical care facilities you use, and sending any requested information as soon as it's available.
If you believe there has been an error in the decision made regarding your disability, you can request a more thorough review. This involves submitting all evidence in your case to an expert reviewer who can determine if there was an error in the original decision. The review doesn't include any new evidence.
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