The 10 Scariest Things About Veterans Disability Lawyer
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Kristi 작성일24-07-22 03:26본문
How to File a Veterans Disability Claim
A veteran's disability claim is an essential part of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax free.
It's no secret that VA is behind in the process of processing claims for disability by benbrook veterans disability law firm. The decision could take months or even years.
Aggravation
A veteran could be eligible to claim disability compensation for a condition worsened due to their military service. This type of claim could be physical or mental. A skilled VA lawyer can help former service members to file an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior to service was made worse by active duty.
A doctor who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to the doctor's statement the veteran is required to submit medical records as well as statements from relatives or friends who attest to their pre-service condition.
It is important to note when submitting a claim for disability benefits for veterans that the condition being aggravated has to be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to show that their initial condition wasn't just aggravated by military service, however, it was much worse than it would have been had the aggravating factor weren't present.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and disagreement during the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.
Service-Connected Terms
For a veteran to qualify for benefits, they have to prove that their illness or disability is connected to service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular disease that develops as a result specific amputations that are connected to service. Veterans suffering from other conditions, like PTSD, must provide lay testimony or lay evidence from people who knew them during their time in the military to connect their condition with a specific incident that occurred during their time in the military.
A pre-existing medical condition could be a result of service if it was aggravated by active duty and not due to the natural progression of disease. The best way to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service, and not the normal progression of the condition.
Certain illnesses and injuries may be presumed to be caused or aggravated because of service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf Waisability that was acquired or worsened during your time in the military. You'll need to be patient while the VA evaluates and makes a decision on your application. You may have to wait up to 180 calendar days after filing your claim before receiving an answer.
Numerous factors can affect how long it takes the VA to consider your claim. The amount of evidence submitted will play a significant role in how quickly your application is evaluated. The location of the VA field office who will review your claim can also impact how long it takes.
Another aspect that could affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can help speed up the process by submitting your evidence as soon as you can by being specific with your information regarding the addresses of the medical facilities you use, and submitting any requested information as soon as it is available.
You may request a higher-level review if you feel that the decision based on your disability was wrong. You must submit all the facts regarding your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. This review doesn't contain any new evidence.
A veteran's disability claim is an essential part of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax free.
It's no secret that VA is behind in the process of processing claims for disability by benbrook veterans disability law firm. The decision could take months or even years.
Aggravation
A veteran could be eligible to claim disability compensation for a condition worsened due to their military service. This type of claim could be physical or mental. A skilled VA lawyer can help former service members to file an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior to service was made worse by active duty.
A doctor who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to the doctor's statement the veteran is required to submit medical records as well as statements from relatives or friends who attest to their pre-service condition.
It is important to note when submitting a claim for disability benefits for veterans that the condition being aggravated has to be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to show that their initial condition wasn't just aggravated by military service, however, it was much worse than it would have been had the aggravating factor weren't present.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and disagreement during the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.
Service-Connected Terms
For a veteran to qualify for benefits, they have to prove that their illness or disability is connected to service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular disease that develops as a result specific amputations that are connected to service. Veterans suffering from other conditions, like PTSD, must provide lay testimony or lay evidence from people who knew them during their time in the military to connect their condition with a specific incident that occurred during their time in the military.
A pre-existing medical condition could be a result of service if it was aggravated by active duty and not due to the natural progression of disease. The best way to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service, and not the normal progression of the condition.
Certain illnesses and injuries may be presumed to be caused or aggravated because of service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf Waisability that was acquired or worsened during your time in the military. You'll need to be patient while the VA evaluates and makes a decision on your application. You may have to wait up to 180 calendar days after filing your claim before receiving an answer.
Numerous factors can affect how long it takes the VA to consider your claim. The amount of evidence submitted will play a significant role in how quickly your application is evaluated. The location of the VA field office who will review your claim can also impact how long it takes.
Another aspect that could affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can help speed up the process by submitting your evidence as soon as you can by being specific with your information regarding the addresses of the medical facilities you use, and submitting any requested information as soon as it is available.
You may request a higher-level review if you feel that the decision based on your disability was wrong. You must submit all the facts regarding your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. This review doesn't contain any new evidence.
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