9 Things 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 disability law firm who have their claims approved receive additional monthly income which is tax-free.
It's no secret that the VA is way behind in processing disability claims made by veterans. The process can take months or even years.
Aggravation
A veteran might be able to receive compensation for disability due to a condition worsened due to their military service. This type of claim can be either mental or physical. A competent VA lawyer can assist the former soldier submit an aggravated claim. A claimant must prove through medical evidence or an independent opinion, that their medical condition prior to service was made worse through active duty.
Typically, the best way to prove that a pre-service issue was aggravated is through an independent medical opinion from a physician who specializes in the veteran's disability. In addition to the physician's statement, the veteran is required to submit medical records and lay statements from family or friends who attest to their pre-service condition.
In a veterans disability claim it is essential to note that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony to prove that their original condition wasn't simply aggravated by military service, but was also more severe than it would have been if the aggravating factor wasn't present.
In addressing this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and disagreement during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.
Conditions that are associated with Service
To be eligible for benefits the veteran must prove that the cause of their health or disability was caused by service. This is referred to as "service connection." For certain ailments, like ischemic heart disease or other cardiovascular diseases that develop as a result of Amputations that are connected to service, the service connection is automatically granted. Veterans with other conditions like PTSD need to provide lay testimony or lay evidence from those who knew them during their service to link their condition to a specific event that occurred during their military service.
A pre-existing medical condition can also be service related if it was aggravated due to active duty service, and not the natural progression of disease. The best method to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service and not the normal progression of the condition.
Certain illnesses and injuries may be thought to be caused or aggravated because of 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 diseases are thought to be aggravated or caused by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.
Appeals
The VA has a system to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf however, if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and you would like a more thorough review of your case.
There are two paths to an upscale review one of which you should take into consideration. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either overturn the previous decision or affirm the decision. You may be required or not required to submit a new proof. Another option is to request a hearing before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are a variety of factors that go into choosing the most appropriate route for your appeal, so it's crucial to discuss these with your VA-accredited attorney. They have experience and know what is best for your case. They are also aware of the difficulties that disabled veterans disability law firm face and can be an effective advocate on your behalf.
Time Limits
You may be eligible for compensation if you have a disability that was acquired or worsened as a result of serving in the military. It is important to be patient as the VA reviews and decides on your application. You may have to wait up to 180 calendar days after submitting your claim before receiving a decision.
There are a variety of factors which can impact the length of time the VA takes to make an decision on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim will also affect the time it takes to review your claim.
Another factor that can affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can help speed up the process by providing evidence as soon as you can and being specific in your address details for the medical care facilities you use, and sending any requested information as soon as it's available.
You could request a higher-level review if you feel that the decision based on your disability was wrong. You will need to submit all the details of your case to an experienced reviewer, who will determine whether there an error in the original decision. But, this review will not include new evidence.
The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans disability law firm who have their claims approved receive additional monthly income which is tax-free.
It's no secret that the VA is way behind in processing disability claims made by veterans. The process can take months or even years.
Aggravation
A veteran might be able to receive compensation for disability due to a condition worsened due to their military service. This type of claim can be either mental or physical. A competent VA lawyer can assist the former soldier submit an aggravated claim. A claimant must prove through medical evidence or an independent opinion, that their medical condition prior to service was made worse through active duty.
Typically, the best way to prove that a pre-service issue was aggravated is through an independent medical opinion from a physician who specializes in the veteran's disability. In addition to the physician's statement, the veteran is required to submit medical records and lay statements from family or friends who attest to their pre-service condition.
In a veterans disability claim it is essential to note that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony to prove that their original condition wasn't simply aggravated by military service, but was also more severe than it would have been if the aggravating factor wasn't present.
In addressing this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and disagreement during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.
Conditions that are associated with Service
To be eligible for benefits the veteran must prove that the cause of their health or disability was caused by service. This is referred to as "service connection." For certain ailments, like ischemic heart disease or other cardiovascular diseases that develop as a result of Amputations that are connected to service, the service connection is automatically granted. Veterans with other conditions like PTSD need to provide lay testimony or lay evidence from those who knew them during their service to link their condition to a specific event that occurred during their military service.
A pre-existing medical condition can also be service related if it was aggravated due to active duty service, and not the natural progression of disease. The best method to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service and not the normal progression of the condition.
Certain illnesses and injuries may be thought to be caused or aggravated because of 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 diseases are thought to be aggravated or caused by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.
Appeals
The VA has a system to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf however, if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and you would like a more thorough review of your case.
There are two paths to an upscale review one of which you should take into consideration. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either overturn the previous decision or affirm the decision. You may be required or not required to submit a new proof. Another option is to request a hearing before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are a variety of factors that go into choosing the most appropriate route for your appeal, so it's crucial to discuss these with your VA-accredited attorney. They have experience and know what is best for your case. They are also aware of the difficulties that disabled veterans disability law firm face and can be an effective advocate on your behalf.
Time Limits
You may be eligible for compensation if you have a disability that was acquired or worsened as a result of serving in the military. It is important to be patient as the VA reviews and decides on your application. You may have to wait up to 180 calendar days after submitting your claim before receiving a decision.
There are a variety of factors which can impact the length of time the VA takes to make an decision on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim will also affect the time it takes to review your claim.
Another factor that can affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can help speed up the process by providing evidence as soon as you can and being specific in your address details for the medical care facilities you use, and sending any requested information as soon as it's available.
You could request a higher-level review if you feel that the decision based on your disability was wrong. You will need to submit all the details of your case to an experienced reviewer, who will determine whether there an error in the original decision. But, this review will not include new evidence.
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