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20 Fun Facts About Veterans Disability Law

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  • Aimee Longmore 작성
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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the claims process.

Choose a veteran disability lawyer that specializes in these cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you prove that the condition you have is connected to your military service. This is called a linkage. There are many types of evidence to prove this connection. These include medical records, independent health exams (IME) or a the nexus letters from current healthcare providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to missing or incomplete 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 backed by impartial experts.

It is easier to prove a direct connection when illnesses or injuries occurred while you served in the military. If you've been injured while in the military, and now suffer from headaches and concussions, it's much easier to prove a direct service connection.

However, it's more difficult to get service connected if you have a pre-existing medical condition that grew worse during your time in the military. To show that your time in service aggravated or worsened a pre-existing medical condition, you'll need to present medical evidence that is "clear and undisputed".

Appealing a denied application

The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA usually issues a decision approving or denying benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can help the claimant navigate the three options for review that include an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.

When selecting the right New York veterans disability lawyer Be sure to think about whether they can understand your military experiences and the military's culture. This can make the process more relaxed and reduce the need for you to describe your experiences and situations in plain language.

You should also choose a firm that will continue to work on your case for the duration of the appeals process over a period of years. Be wary of firms that assist you in the initial phases of your case and then vanish.

A seasoned New York veterans' disability attorney can help you with every stage of your claim and appeals. They can assist you in submitting more medical evidence, request an official hearing, and also represent you at any Board meetings to ensure your case is handled in a fair and fair manner. They can also assist you in obtaining you benefits like financial compensations, aid and attendance benefits, education benefits, or unemployability.

How can you get a better rating

It could happen that your disability gets worse or your symptoms get more severe. It makes sense in this instance to seek a higher rating. A veteran disability lawyer can assist you in this process and assist you to collect evidence to support your claim.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled to. If they miss an injury you have or miss a condition that could be a combination of other disabilities in order to get higher ratings it's important to have a professional look over your records to look for errors.

You may still file a higher-level claim or review if you've been evaluated for more than a calendar year. These require a complete review of your file. It could result in a change to your effective date or a new rating that's more in line with how you really feel.

It's also worth looking into an additional claim or higher-level review if you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help you create a compelling argument for this type of rating, which is reserved only for severe disabilities. A mental illness for instance, might allow you to receive a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations which do not normally trigger this level for a cardiovascular problem or any other medical condition.

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 doesn't mean that the person isn't eligible to receive benefits. Former military personnel have a year to appeal any decision that isn't favorable.

A skilled veterans disability attorney can assist a veteran in determining which of the current three appeals options is the best option for his case. They can also help veterans put the evidence together needed to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing before an Veterans Law judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim deserves. They also have extensive experience handling VA disability claims and understand the rules and procedures both inside and outside. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans. This creates an unique type of empathy that may make a difference in the outcome of a veterans disability case.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims free of charge to determine if we can help you. Contact us today to arrange your free assessment.

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