15 Reasons You Shouldn't Ignore Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal against an appeal denied.
Choose a lawyer for veterans who is specialized in handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you have is connected to your military service. This is called a nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the cases of mental health issues). There are occasions when veterans have medically determined disabilities, but are unable to be considered service-connected due to missing or incomplete documents. These cases require the assistance 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 establish a direct service connection if injuries or illnesses occurred during your time in the military. For instance, if received a head injury while serving and are now suffering headaches and concussions there is a strong connection between the events that led to your current condition.
However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that got worse during your time in the military. To prove that your service time has aggravated or exacerbated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and irrefutable".
Appealing to a Denial
After filing an application and providing medical evidence after which the VA will review the application. The VA will usually issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veteran's disability attorney can assist the claimant through the three review options: firms a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience and the military's culture when selecting a New York veterans' disability lawyer. This can make the process more relaxed and less requiring you to talk about your experiences and situations in layman's terms.
You should also choose a firm that will continue to work on your case for the entire appeals process of several years. Beware of firms that only help you with the initial phases of your case and then go away.
An experienced New York veterans disability lawyer disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing and assist you in any Board meetings to ensure that your case is handled in a fair manner. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or unemployedness.
How do I obtain a higher rating
There may come a time that your disability becomes more severe, or your symptoms get more difficult or wider. It makes sense in this case to request an increase in the rating. A lawyer for veterans can assist with this process, and can help you find evidence to support your request.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. In the event that they fail to notice an injury you have or miss a condition that could be a combination of other disabilities in order to get a higher rating, it's worth having a professional look over your records to spot any errors.
You are still able to file a higher-level claim and review if you've been evaluated for more than a calendar year. These are a thorough examination of your file, and could result in changes to your effective date or a new rating that's more accurate to how you truly feel.
It's also advisable to file an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help you create a compelling argument for this type of rating that is reserved for those with severe disabilities. A mental health issue such as depression, for instance, could allow you to receive a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that are not typically triggering this level for a cardiovascular problem or other medical issues.
Getting help with the Appeals Process
Contrary to what some believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced lawyer for veterans can assist a veteran in determining which of the three appeals routes is most suitable for their case. They can also help with gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even assist 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'll give you the attention and care that your claim demands. They also have years of experience dealing with VA disability claims, and they know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can result in a unique type of empathy which could help in the resolution of the case of a disabled veteran.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for no cost to determine whether we can help you. Call us now to schedule your free assessment.
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal against an appeal denied.
Choose a lawyer for veterans who is specialized in handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you have is connected to your military service. This is called a nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the cases of mental health issues). There are occasions when veterans have medically determined disabilities, but are unable to be considered service-connected due to missing or incomplete documents. These cases require the assistance 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 establish a direct service connection if injuries or illnesses occurred during your time in the military. For instance, if received a head injury while serving and are now suffering headaches and concussions there is a strong connection between the events that led to your current condition.
However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that got worse during your time in the military. To prove that your service time has aggravated or exacerbated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and irrefutable".
Appealing to a Denial
After filing an application and providing medical evidence after which the VA will review the application. The VA will usually issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veteran's disability attorney can assist the claimant through the three review options: firms a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience and the military's culture when selecting a New York veterans' disability lawyer. This can make the process more relaxed and less requiring you to talk about your experiences and situations in layman's terms.
You should also choose a firm that will continue to work on your case for the entire appeals process of several years. Beware of firms that only help you with the initial phases of your case and then go away.
An experienced New York veterans disability lawyer disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing and assist you in any Board meetings to ensure that your case is handled in a fair manner. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or unemployedness.
How do I obtain a higher rating
There may come a time that your disability becomes more severe, or your symptoms get more difficult or wider. It makes sense in this case to request an increase in the rating. A lawyer for veterans can assist with this process, and can help you find evidence to support your request.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. In the event that they fail to notice an injury you have or miss a condition that could be a combination of other disabilities in order to get a higher rating, it's worth having a professional look over your records to spot any errors.
You are still able to file a higher-level claim and review if you've been evaluated for more than a calendar year. These are a thorough examination of your file, and could result in changes to your effective date or a new rating that's more accurate to how you truly feel.
It's also advisable to file an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help you create a compelling argument for this type of rating that is reserved for those with severe disabilities. A mental health issue such as depression, for instance, could allow you to receive a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that are not typically triggering this level for a cardiovascular problem or other medical issues.
Getting help with the Appeals Process
Contrary to what some believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced lawyer for veterans can assist a veteran in determining which of the three appeals routes is most suitable for their case. They can also help with gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even assist 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'll give you the attention and care that your claim demands. They also have years of experience dealing with VA disability claims, and they know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can result in a unique type of empathy which could help in the resolution of the case of a disabled veteran.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for no cost to determine whether we can help you. Call us now to schedule your free assessment.
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