10 Myths Your Boss Is Spreading About Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claims process. From assembling medical and service evidence to filing an appeal of an appeal denied.
Choose a veteran disability attorney that specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is established that your condition is related to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence that is backed up by independent experts.
It is much easier to establish direct service connection for illnesses or injuries which occurred while in the military. For example, if you received a head injury while serving and are now suffering from concussions and headaches, there is a clear link between the events that led to your current health condition.
However, it is more difficult to be connected if you suffer from an existing medical condition that worsened while you were in the military. In order to prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that rises to the level of "clear and undeniable" proof.
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three decision review options which include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This can make the process more enjoyable and less demanding for you to talk about your experiences and circumstances in plain English.
You want a firm who will be working on your case through the lengthy appeals procedure. Beware of companies that will only assist you with the first stages of your case, and then go away.
An experienced New York veterans disability lawsuit' disability attorney can help you with every stage of your claim, including appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also help you win you benefits such as financial compensations, aid and education benefits, attendance benefits, or unemployment.
How to get a higher rating
There might come a time when your disability becomes more serious, or your symptoms get broader or more challenging. It makes sense in this case to request an increase in your rating. A lawyer for veterans' disability can assist with this process, and can assist you in finding evidence to support your request.
It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled. If they overlook an injury you have or overlook a problem that could be linked with other disabilities in order to get an increase in rating It's worthwhile to have a professional look over your records to spot any errors.
You are still able to make a higher-level claim, or review if you have been assessed for more than a calendar year. These require a complete review of your file and can result in an amendment to your effective date or an entirely new rating that's more accurate to how you really feel.
It's also worth seeking an additional claim or higher-level review if you believe you deserve a disability rating that is 100 percent or more. A disability attorney can assist you in putting together an argument that is convincing for this kind of rating, that is reserved for those with debilitating disabilities. For instance an illness that is mental could be a reason to get an 100% disability rating because it could cause significant interference with employment or frequent periods of hospitalization that don't usually trigger this level of the rating for a heart disease or other medical issue.
Assistance with the Appeals Process
Contrary to what some may believe the denial of an application for disability benefits by the VA is not the end of a person's chances to recover benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced veteran disability attorney can assist a veteran to determine which of the three pathways for appeal is the best option for his situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can provide a veteran an additional formal hearing before a Veterans Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim needs. They will also have extensive experience handling VA disability claims, and are familiar with the rules and procedure in detail. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates an unique type of empathy that can sometimes improve the outcomes of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to set up your free assessment.
A veteran disability lawyer can assist you through the entire claims process. From assembling medical and service evidence to filing an appeal of an appeal denied.
Choose a veteran disability attorney that specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is established that your condition is related to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence that is backed up by independent experts.
It is much easier to establish direct service connection for illnesses or injuries which occurred while in the military. For example, if you received a head injury while serving and are now suffering from concussions and headaches, there is a clear link between the events that led to your current health condition.
However, it is more difficult to be connected if you suffer from an existing medical condition that worsened while you were in the military. In order to prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that rises to the level of "clear and undeniable" proof.
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three decision review options which include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This can make the process more enjoyable and less demanding for you to talk about your experiences and circumstances in plain English.
You want a firm who will be working on your case through the lengthy appeals procedure. Beware of companies that will only assist you with the first stages of your case, and then go away.
An experienced New York veterans disability lawsuit' disability attorney can help you with every stage of your claim, including appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also help you win you benefits such as financial compensations, aid and education benefits, attendance benefits, or unemployment.
How to get a higher rating
There might come a time when your disability becomes more serious, or your symptoms get broader or more challenging. It makes sense in this case to request an increase in your rating. A lawyer for veterans' disability can assist with this process, and can assist you in finding evidence to support your request.
It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled. If they overlook an injury you have or overlook a problem that could be linked with other disabilities in order to get an increase in rating It's worthwhile to have a professional look over your records to spot any errors.
You are still able to make a higher-level claim, or review if you have been assessed for more than a calendar year. These require a complete review of your file and can result in an amendment to your effective date or an entirely new rating that's more accurate to how you really feel.
It's also worth seeking an additional claim or higher-level review if you believe you deserve a disability rating that is 100 percent or more. A disability attorney can assist you in putting together an argument that is convincing for this kind of rating, that is reserved for those with debilitating disabilities. For instance an illness that is mental could be a reason to get an 100% disability rating because it could cause significant interference with employment or frequent periods of hospitalization that don't usually trigger this level of the rating for a heart disease or other medical issue.
Assistance with the Appeals Process
Contrary to what some may believe the denial of an application for disability benefits by the VA is not the end of a person's chances to recover benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced veteran disability attorney can assist a veteran to determine which of the three pathways for appeal is the best option for his situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can provide a veteran an additional formal hearing before a Veterans Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim needs. They will also have extensive experience handling VA disability claims, and are familiar with the rules and procedure in detail. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates an unique type of empathy that can sometimes improve the outcomes of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to set up your free assessment.
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