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Why We Love Veterans Disability Law (And You Should Too!)

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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can assist you through the entire claims process.

Choose a veterans disability attorney who focuses their practice on handling these cases and knows the VA's system from top to bottom. 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 is linked to your military service. This is known as a relationship. There are many types of evidence to prove this connection. These include medical records, independent health assessments (IME) or a nexus letter from current healthcare providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and submit evidence that is backed by independent experts.

It is simpler to establish a direct service connection when injuries or illnesses occurred while you served in the military. If you were injured in the military and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.

However, it's more difficult to be connected if you have an existing medical condition that grew worse when you were in the military. In order to prove that your time in military service worsened or aggravated an existing condition You must present expert medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing a Denied Application

The VA will review your application after you have submitted your application and submitted medical evidence. The VA will typically issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given a 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 a direct appeal before the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience and the culture of the armed services when selecting a New York veterans' disability lawyer. This will help you feel more comfortable and less requiring you to explain your experience and situations in layman's terms.

You also need a company that will work on your case throughout the entire appeals process of several years. Beware of firms that only assist you with the initial stages of your claim and then vanish.

An experienced New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing, and represent you at any Board meetings so that your case is handled fairly. They can also assist you in obtaining you benefits like financial compensations, aid and education benefits, attendance benefits, or unemployment.

How can you get a better rating

There may be a point when your disability becomes more serious or your symptoms become more complex or broader. It makes sense in this situation to ask for a higher rating. A veteran disability lawyer can assist you with this process and help collect evidence to back your claim.

It's not unusual for the VA make mistakes, which can result in being awarded a lower rating than what you deserve. It's recommended to consult an expert to examine your records for errors. They may have missed an injury or omitted the issue that could be combined with another disability to get an improved rating.

Even the fact that it's been more one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These involve a full review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more in line with how you feel.

It's also worth looking into a supplemental claim or higher-level review if you're arguing that you're entitled to a disability grade that is 100 percent or more. A disability lawyer can help make a convincing case for this rating, which is reserved only for the most severe of disabilities. A mental health issue such as depression, for instance, could make you eligible for a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations which do not normally trigger this level of a cardiovascular problem or other medical conditions.

Getting Help with the Appeals Process

Contrary to what some may believe Contrary to what some may believe, an VA denial of disability benefits does not mean that an individual has no chance of recovering benefits. In fact, a former soldier can wait one year from date that their local veterans hospital or office mails them a decision that is not favorable to file an appeal.

An experienced veterans disability attorney can assist a vet in determining which of the three pathways for appeal is best for his particular case. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They may even be able to provide veterans with a formal hearing before a veterans disability law firm Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim requires. They also have extensive experience in handling VA disability claims, and they are aware of the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This can result in a unique type of empathy which can improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to schedule your complimentary evaluation.

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