5 Things That Everyone Is Misinformed About On The Subject Of Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of the denial of your claim.
Choose a veterans disability attorney that is solely 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 prove that the condition you have is linked to your military service. This is referred to as nexus. There are many types of evidence that you could demonstrate this connection, including medical records as well as independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by unbiased experts.
It is much easier to prove a direct connection when injuries or illnesses were sustained while serving in the military. For instance, if you received a head injury during service and now suffer headaches and concussions there is a clear link between the events that led to your current condition.
However, it's more difficult to get connected if you suffer from a pre-existing medical condition that grew worse while you were in the military. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing a Denial
After filing an application and submitting medical evidence The VA will review the case. The VA usually issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable, the veteran has one year to make 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.
Make sure the lawyer is knowledgeable of your military experience and the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make things easier for you and decrease the necessity to explain your circumstances and experiences in layman's language.
You want a company that will work on your case through the lengthy appeals process. Beware of firms that assist you with the first phases of your claim and then vanish.
A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, request an official hearing, and also represent you in any Board meetings to ensure that your case is handled without prejudice. They can also help you get your benefits, including monetary compensation, aid and attendance, educational benefits or unemployment benefits.
Achieving a Higher Rating
It could happen that your disability gets worse or your symptoms become more severe. In that case, it makes sense to request an increase in your rating. A lawyer for veterans' disability can assist in that process, and they can help you find evidence to back your request.
It's not unusual to see the VA make mistakes, which can result in an under-rated rating than you deserve. It's recommended to consult an expert to examine your records for mistakes. They may have overlooked an injury or missed any issue that could have been in conjunction with another condition to get an even higher rating.
You can still submit a higher-level claim or review if you've been given a rating for more than one calendar year. These involve a full review of your file. It could result in an amendment to your effective date or an updated rating that is more in line with how you truly feel.
If you think you're worthy of an assessment of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability attorney can assist you in putting together an argument that supports this kind of rating, which is reserved for very debilitating disabilities. For example the mental health issue could be a reason to get an absolute disability rating because it can cause marked interruption to work or periods of hospitalization, which don't typically trigger this kind of the rating for a heart illness or other medical issues.
Getting help with the Appeals Process
Despite what some people may think, the denial of an appeal for disability by the VA isn't the end of an individual's chance to receive benefits. In fact, a former servicemember can wait one year from date their local veterans hospital or office sends them a negative decision to file an appeal.
An experienced veterans disability attorney can help a vet determine which of the three appeal options is best for his case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide veterans with a formal hearing before an Veterans Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim requires. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans disability attorneys have to face. This creates a distinct type of empathy, which can help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Call us today to set up your complimentary evaluation.
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of the denial of your claim.
Choose a veterans disability attorney that is solely 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 prove that the condition you have is linked to your military service. This is referred to as nexus. There are many types of evidence that you could demonstrate this connection, including medical records as well as independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by unbiased experts.
It is much easier to prove a direct connection when injuries or illnesses were sustained while serving in the military. For instance, if you received a head injury during service and now suffer headaches and concussions there is a clear link between the events that led to your current condition.
However, it's more difficult to get connected if you suffer from a pre-existing medical condition that grew worse while you were in the military. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing a Denial
After filing an application and submitting medical evidence The VA will review the case. The VA usually issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable, the veteran has one year to make 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.
Make sure the lawyer is knowledgeable of your military experience and the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make things easier for you and decrease the necessity to explain your circumstances and experiences in layman's language.
You want a company that will work on your case through the lengthy appeals process. Beware of firms that assist you with the first phases of your claim and then vanish.
A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, request an official hearing, and also represent you in any Board meetings to ensure that your case is handled without prejudice. They can also help you get your benefits, including monetary compensation, aid and attendance, educational benefits or unemployment benefits.
Achieving a Higher Rating
It could happen that your disability gets worse or your symptoms become more severe. In that case, it makes sense to request an increase in your rating. A lawyer for veterans' disability can assist in that process, and they can help you find evidence to back your request.
It's not unusual to see the VA make mistakes, which can result in an under-rated rating than you deserve. It's recommended to consult an expert to examine your records for mistakes. They may have overlooked an injury or missed any issue that could have been in conjunction with another condition to get an even higher rating.
You can still submit a higher-level claim or review if you've been given a rating for more than one calendar year. These involve a full review of your file. It could result in an amendment to your effective date or an updated rating that is more in line with how you truly feel.
If you think you're worthy of an assessment of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability attorney can assist you in putting together an argument that supports this kind of rating, which is reserved for very debilitating disabilities. For example the mental health issue could be a reason to get an absolute disability rating because it can cause marked interruption to work or periods of hospitalization, which don't typically trigger this kind of the rating for a heart illness or other medical issues.
Getting help with the Appeals Process
Despite what some people may think, the denial of an appeal for disability by the VA isn't the end of an individual's chance to receive benefits. In fact, a former servicemember can wait one year from date their local veterans hospital or office sends them a negative decision to file an appeal.
An experienced veterans disability attorney can help a vet determine which of the three appeal options is best for his case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide veterans with a formal hearing before an Veterans Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim requires. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans disability attorneys have to face. This creates a distinct type of empathy, which can help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Call us today to set up your complimentary evaluation.
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