20 Fun Informational Facts About Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the claims process.
Choose a lawyer for veterans who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition is linked to your military service. This is referred to as a nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health exams (IME) or a nexus letter from current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by unbiased experts.
It is easier to prove direct service connection for injuries or illnesses which occurred while in the military. For instance, if you suffered head injuries while serving and are now suffering from concussions and headaches, there is a strong connection between the events that led to your current condition.
However, it is more difficult to get connected if you suffer from an existing medical condition that grew worse while you were in the military. In order to prove that your time in service has aggravated or worsened an existing medical condition, you must supply expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing to a Denial
After filing an application and providing medical evidence The VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three review options: the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer Take into consideration whether they are familiar with your military experience and military's culture. This can make the process more enjoyable and less demanding for you to talk about your experiences and situations in plain language.
You also want a firm that will work on your case for the entire duration of your appeal. Beware of firms that only help you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you win your benefits, such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
How to get a higher rating
There may come a time when your disability gets worse or your symptoms become broader or more challenging. In that case it's sensible to ask for a higher rating. A veteran disability lawyer can help you with this process and help you gather evidence to back your claim.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you deserve. It's recommended to consult an expert to look over your records for any errors. They might have missed an injury or omitted a problem which could be coupled with another disability to earn an increase in rating.
Even when it's been over a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file and can result in an amendment to your effective date or a new rating that's more accurate to what you truly feel.
If you think you're worthy of an assessment of 100 percent, or higher, consider making a claim for supplemental benefits. A disability lawyer can help you create an argument that supports this type of rating which is reserved for extremely severe disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations which would not normally trigger this level for a heart problem or other medical conditions.
Need Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that the person has no chance of recovering benefits. Former veterans have one year to appeal a decision that is not favorable.
A skilled veteran disability lawyer can assist a veteran to determine which of the three appeals routes is most appropriate for their particular situation. They can also help veterans put the evidence together needed to convince a higher-level reviewer that the previous decision was incorrect. They can even provide veterans with a more formal hearing before a Veterans Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim deserves. They are also likely to have a wealth of experience in dealing with VA disability claims and understand the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This can result in a unique type of empathy which can improve the outcome of the case of a disabled veteran.
The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claim for free to determine if we can assist you. Call us today to set up your free evaluation.
A veteran disability lawyer can assist you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the claims process.
Choose a lawyer for veterans who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition is linked to your military service. This is referred to as a nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health exams (IME) or a nexus letter from current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by unbiased experts.
It is easier to prove direct service connection for injuries or illnesses which occurred while in the military. For instance, if you suffered head injuries while serving and are now suffering from concussions and headaches, there is a strong connection between the events that led to your current condition.
However, it is more difficult to get connected if you suffer from an existing medical condition that grew worse while you were in the military. In order to prove that your time in service has aggravated or worsened an existing medical condition, you must supply expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing to a Denial
After filing an application and providing medical evidence The VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three review options: the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer Take into consideration whether they are familiar with your military experience and military's culture. This can make the process more enjoyable and less demanding for you to talk about your experiences and situations in plain language.
You also want a firm that will work on your case for the entire duration of your appeal. Beware of firms that only help you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you win your benefits, such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
How to get a higher rating
There may come a time when your disability gets worse or your symptoms become broader or more challenging. In that case it's sensible to ask for a higher rating. A veteran disability lawyer can help you with this process and help you gather evidence to back your claim.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you deserve. It's recommended to consult an expert to look over your records for any errors. They might have missed an injury or omitted a problem which could be coupled with another disability to earn an increase in rating.
Even when it's been over a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file and can result in an amendment to your effective date or a new rating that's more accurate to what you truly feel.
If you think you're worthy of an assessment of 100 percent, or higher, consider making a claim for supplemental benefits. A disability lawyer can help you create an argument that supports this type of rating which is reserved for extremely severe disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations which would not normally trigger this level for a heart problem or other medical conditions.
Need Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that the person has no chance of recovering benefits. Former veterans have one year to appeal a decision that is not favorable.
A skilled veteran disability lawyer can assist a veteran to determine which of the three appeals routes is most appropriate for their particular situation. They can also help veterans put the evidence together needed to convince a higher-level reviewer that the previous decision was incorrect. They can even provide veterans with a more formal hearing before a Veterans Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim deserves. They are also likely to have a wealth of experience in dealing with VA disability claims and understand the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This can result in a unique type of empathy which can improve the outcome of the case of a disabled veteran.
The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claim for free to determine if we can assist you. Call us today to set up your free evaluation.
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