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Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service proof to submitting an appeal of a denied claim.
Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits only if you prove that the condition you have is a result of your military service. This is called a nexus. You can use different types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health problems). There are occasions that veterans suffer from medically-determined disabilities, but they are not able to be service connected because of insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and provide evidence that is backed up by independent experts.
It is easier to prove direct service connection for illnesses or injuries that occurred while in the military. If you've been injured while in the military, and now suffer from headaches or concussions, it's easier to establish a direct connection to the service.
However, it is more difficult to be connected if you suffer from an existing medical condition that grew worse during your time in the military. To prove that your time in service aggravated or made worse an existing condition You must present expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a Denied Application
The VA will review your application after you have submitted your application and provided medical evidence. The VA usually issues an opinion either approving or denial of benefits. If the decision is not in favor the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can guide the claimant through the three decision review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of veterans disability lawsuit' Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will make the process more relaxed and eliminate the need for you to talk about your experiences and circumstances in plain English.
You should also find a firm who will remain on your case throughout the duration of the appeals process over a period of years. Beware of firms that assist you with the initial stages of your claim, and then disappear.
A seasoned New York veterans' disability lawyer can assist you in all phases of the claim and 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 in a fair manner. They can also assist you to claim benefits including monetary compensation, aid and attendance, educational benefits or unemployed benefits.
Achieving a Higher Rating
There may be a point where your disability gets more severe or your symptoms become broader or more challenging. In such a case it is sensible to request a higher rating. A veteran disability lawyer can assist you in this process and help gather evidence to back your claim.
It's not unusual to see the VA make mistakes, resulting in receiving a lower score than you deserve. If they miss an injury or overlook a problem that could be a combination of other disabilities to get a higher rating, it's worth having an expert look over your records to identify any mistakes.
You can still make a higher-level claim, or review if you have been rated for more than a calendar year. These require a complete review of your file. It could result in an amendment to your effective date or an updated rating that is more accurate to what you really feel.
It's also worth seeking an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade that is 100 percent or more. An attorney for disability can help you develop a convincing argument for this type of rating which is reserved only for debilitating disabilities. For instance mental health issues could be a reason to get 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization. These don't normally trigger such the rating for a heart disease or other medical problems.
Need Help with the Appeals Process
Despite what some think the denial of an application for disability benefits by the VA is not the end of an individual's chances to get benefits. In fact, a former military member has a year from the date their local veterans hospital or office mails them a decision that is not favorable to appeal.
An experienced lawyer for veterans can help a veteran decide which of the three appeals routes is most appropriate for their particular situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They are also likely to have extensive experience handling VA disability claims and are aware of the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates a distinct type of empathy that can help improve the outcome of a disability claim for veterans.
The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims for free to determine if we can help you. Call us today to set up your complimentary evaluation.
A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service proof to submitting an appeal of a denied claim.
Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits only if you prove that the condition you have is a result of your military service. This is called a nexus. You can use different types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health problems). There are occasions that veterans suffer from medically-determined disabilities, but they are not able to be service connected because of insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and provide evidence that is backed up by independent experts.
It is easier to prove direct service connection for illnesses or injuries that occurred while in the military. If you've been injured while in the military, and now suffer from headaches or concussions, it's easier to establish a direct connection to the service.
However, it is more difficult to be connected if you suffer from an existing medical condition that grew worse during your time in the military. To prove that your time in service aggravated or made worse an existing condition You must present expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a Denied Application
The VA will review your application after you have submitted your application and provided medical evidence. The VA usually issues an opinion either approving or denial of benefits. If the decision is not in favor the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can guide the claimant through the three decision review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of veterans disability lawsuit' Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will make the process more relaxed and eliminate the need for you to talk about your experiences and circumstances in plain English.
You should also find a firm who will remain on your case throughout the duration of the appeals process over a period of years. Beware of firms that assist you with the initial stages of your claim, and then disappear.
A seasoned New York veterans' disability lawyer can assist you in all phases of the claim and 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 in a fair manner. They can also assist you to claim benefits including monetary compensation, aid and attendance, educational benefits or unemployed benefits.
Achieving a Higher Rating
There may be a point where your disability gets more severe or your symptoms become broader or more challenging. In such a case it is sensible to request a higher rating. A veteran disability lawyer can assist you in this process and help gather evidence to back your claim.
It's not unusual to see the VA make mistakes, resulting in receiving a lower score than you deserve. If they miss an injury or overlook a problem that could be a combination of other disabilities to get a higher rating, it's worth having an expert look over your records to identify any mistakes.
You can still make a higher-level claim, or review if you have been rated for more than a calendar year. These require a complete review of your file. It could result in an amendment to your effective date or an updated rating that is more accurate to what you really feel.
It's also worth seeking an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade that is 100 percent or more. An attorney for disability can help you develop a convincing argument for this type of rating which is reserved only for debilitating disabilities. For instance mental health issues could be a reason to get 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization. These don't normally trigger such the rating for a heart disease or other medical problems.
Need Help with the Appeals Process
Despite what some think the denial of an application for disability benefits by the VA is not the end of an individual's chances to get benefits. In fact, a former military member has a year from the date their local veterans hospital or office mails them a decision that is not favorable to appeal.
An experienced lawyer for veterans can help a veteran decide which of the three appeals routes is most appropriate for their particular situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They are also likely to have extensive experience handling VA disability claims and are aware of the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates a distinct type of empathy that can help improve the outcome of a disability claim for veterans.
The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims for free to determine if we can help you. Call us today to set up your complimentary evaluation.
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