9 . What Your Parents Teach You About Veterans Disability Lawyer
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How to File a veterans disability law firms Disability Claim
A veteran's disability claim is a crucial element of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax free.
It's not a secret that the VA is a long way behind in processing disability claims from veterans. It can take months, even years, for a final decision to be made.
Aggravation
Veterans may be eligible for disability compensation in the event that their condition was caused by their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A skilled VA lawyer can help former service members make an aggravated disability claim. A claimant must show using medical evidence or independent opinions that their pre-service medical condition was made worse by active duty.
Typically, the most effective method to prove that a pre-service condition was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the disability of veterans. In addition to the physician's statement, the veteran must also provide medical records as well as the lay statements of family or friends who can attest to their pre-service condition.
In a veterans disability claim it is essential to keep in mind that the aggravated condition has to be different from the original disability rating. A disability attorney can advise the former soldier on how to provide sufficient medical evidence and testimony to prove that their original condition was not just aggravated through military service, but actually worse than it would have been without the aggravating factor.
VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different language of these provisions has caused confusion and controversy during the process of filing claims. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.
Service-Connected Terms
To qualify for benefits, veterans must prove their impairment or illness was caused by service. This is called showing "service connection." For some conditions, like ischemic heart disease, or other cardiovascular diseases that arise because of service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD, veterans must provide documents or evidence from people who were close to them in the military to prove their condition with a specific incident that took place during their service.
A pre-existing medical issue can be a result of service if it was aggravated due to active duty service, and not the natural progression of the disease. It is best to submit a doctor's report that explains that the aggravation of the condition was caused by service, and not simply the natural progression of the disease.
Certain injuries and illnesses may be thought to be caused or aggravated due to treatment. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and other Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been caused or worsened by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.
Appeal
The VA has a process to appeal their decision on whether or not to award benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf however if not, you can file it yourself. This form is used to tell the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.
There are two options to request higher-level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either overturn or affirm the decision made earlier. You may be required or not required to provide new proof. The other path is to request an interview with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They will have experience in this field and know the best option for your particular case. They are also aware of the difficulties that disabled veterans face, which can make them a stronger advocate on your behalf.
Time Limits
If you suffer from a disability which was created or worsened during military service, you can file a claim and receive compensation. It is important to be patient while the VA reviews and decides on your claim. It could take up 180 days after your claim is filed before you get a decision.
There are a variety of factors that influence how long the VA will take to make an decision on your claim. The amount of evidence you submit is a significant factor in the speed at which your application is evaluated. The location of the VA field office which will be evaluating your claim will also affect the length of time it takes.
Another aspect that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check its progress. You can speed up the process by submitting all evidence as quickly as you can, including specific details about the medical facility you use, as well as providing any requested details.
You may request a higher-level review if you believe the decision based on your disability was not correct. This requires you to submit all facts that exist in your case to an expert reviewer who can determine whether there was an error in the original decision. This review does not include any new evidence.
A veteran's disability claim is a crucial element of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax free.
It's not a secret that the VA is a long way behind in processing disability claims from veterans. It can take months, even years, for a final decision to be made.
Aggravation
Veterans may be eligible for disability compensation in the event that their condition was caused by their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A skilled VA lawyer can help former service members make an aggravated disability claim. A claimant must show using medical evidence or independent opinions that their pre-service medical condition was made worse by active duty.
Typically, the most effective method to prove that a pre-service condition was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the disability of veterans. In addition to the physician's statement, the veteran must also provide medical records as well as the lay statements of family or friends who can attest to their pre-service condition.
In a veterans disability claim it is essential to keep in mind that the aggravated condition has to be different from the original disability rating. A disability attorney can advise the former soldier on how to provide sufficient medical evidence and testimony to prove that their original condition was not just aggravated through military service, but actually worse than it would have been without the aggravating factor.
VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different language of these provisions has caused confusion and controversy during the process of filing claims. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.
Service-Connected Terms
To qualify for benefits, veterans must prove their impairment or illness was caused by service. This is called showing "service connection." For some conditions, like ischemic heart disease, or other cardiovascular diseases that arise because of service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD, veterans must provide documents or evidence from people who were close to them in the military to prove their condition with a specific incident that took place during their service.
A pre-existing medical issue can be a result of service if it was aggravated due to active duty service, and not the natural progression of the disease. It is best to submit a doctor's report that explains that the aggravation of the condition was caused by service, and not simply the natural progression of the disease.
Certain injuries and illnesses may be thought to be caused or aggravated due to treatment. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and other Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been caused or worsened by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.
Appeal
The VA has a process to appeal their decision on whether or not to award benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf however if not, you can file it yourself. This form is used to tell the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.
There are two options to request higher-level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either overturn or affirm the decision made earlier. You may be required or not required to provide new proof. The other path is to request an interview with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They will have experience in this field and know the best option for your particular case. They are also aware of the difficulties that disabled veterans face, which can make them a stronger advocate on your behalf.
Time Limits
If you suffer from a disability which was created or worsened during military service, you can file a claim and receive compensation. It is important to be patient while the VA reviews and decides on your claim. It could take up 180 days after your claim is filed before you get a decision.
There are a variety of factors that influence how long the VA will take to make an decision on your claim. The amount of evidence you submit is a significant factor in the speed at which your application is evaluated. The location of the VA field office which will be evaluating your claim will also affect the length of time it takes.
Another aspect that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check its progress. You can speed up the process by submitting all evidence as quickly as you can, including specific details about the medical facility you use, as well as providing any requested details.
You may request a higher-level review if you believe the decision based on your disability was not correct. This requires you to submit all facts that exist in your case to an expert reviewer who can determine whether there was an error in the original decision. This review does not include any new evidence.
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