14 Questions You Might Be Afraid To Ask About Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal of a denied claim.
Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be proven that your condition is directly related to your military service. This is called a linkage. You can use different types of evidence to prove this connection. These include medical records, independent health assessments (IME), or nexus letter from current healthcare providers (especially in the case of mental health conditions). There are times when veterans have medically determinable disabilities, but cannot be considered to be service-connected due insufficient or missing records. These cases require the help of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is confirmed by experts who are independent.
It is easier to prove a direct service connection when injuries or illnesses occurred while you served in the military. For instance, if you were hit in the head while serving and are now suffering from concussions and headaches, there is a clear connection between the events that led to your current health condition.
It is harder to get service-connected if you had an existing condition that got worse during your military service. In order to prove that your time in service has aggravated or worsened an existing medical condition You must present expert medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a Denial
After submitting an application and providing medical evidence, the VA will examine the case. The VA typically issues an approval or denial of benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can guide the claimant through the three review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the culture of the armed services when selecting the New York veterans' disability lawyer. This can make the process more enjoyable and eliminate the need for you to explain your experience and situations in plain language.
You need a firm that will be working on your case throughout the lengthy appeals process. Be wary about firms that assist you in the first stages of your case, only to then disappear.
An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting more medical evidence, file 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 help win you benefits like financial compensations, aid and attendance benefits, educational benefits, or even unemployment.
How can I get a better rating
There might come a time when your disability gets worse or your symptoms become broader or more challenging. It is logical in this instance to seek an increase in your rating. A veterans disability lawyer can help with that process, and help you dig up evidence to justify your request.
It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. If they overlook an injury or ignore a condition that could be combined with other disabilities to earn an improved rating, it's worth having an expert review your records to look for mistakes.
Even if it's been more than one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These require a complete review of your file, and could result in an amendment to your effective date or a new rating that's more accurate to what you feel.
If you believe you're entitled to an assessment of 100 percent, or higher, consider applying for a supplemental claim. A disability lawyer can assist you to make a convincing case for this rating which is only available for the most debilitating disabilities. For example an illness that is mental could qualify you for 100% disability ratings because it could cause significant disruption to your work or frequent periods of hospitalization, which don't usually trigger this level of rating for cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary to what many people think, the denial of a disability claim by the VA is not the end of an individual's chance to recover benefits. Former veterans have one year to appeal a decision that is not favorable.
An experienced veterans disability attorney can assist a vet in determining which of the three pathways for appeal is the best option for his particular case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can even assist veterans with a formal hearing before a Veterans Law Judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim demands. They also have a lot of experience in dealing with VA disability claims, and are familiar with the rules and procedure inside and out. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans have to face. This can create a special type of empathy which could help in the resolution of an issue involving veterans' disability.
Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claim for free to determine whether we can help you. Call us today to schedule your free evaluation.
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal of a denied claim.
Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be proven that your condition is directly related to your military service. This is called a linkage. You can use different types of evidence to prove this connection. These include medical records, independent health assessments (IME), or nexus letter from current healthcare providers (especially in the case of mental health conditions). There are times when veterans have medically determinable disabilities, but cannot be considered to be service-connected due insufficient or missing records. These cases require the help of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is confirmed by experts who are independent.
It is easier to prove a direct service connection when injuries or illnesses occurred while you served in the military. For instance, if you were hit in the head while serving and are now suffering from concussions and headaches, there is a clear connection between the events that led to your current health condition.
It is harder to get service-connected if you had an existing condition that got worse during your military service. In order to prove that your time in service has aggravated or worsened an existing medical condition You must present expert medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a Denial
After submitting an application and providing medical evidence, the VA will examine the case. The VA typically issues an approval or denial of benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can guide the claimant through the three review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the culture of the armed services when selecting the New York veterans' disability lawyer. This can make the process more enjoyable and eliminate the need for you to explain your experience and situations in plain language.
You need a firm that will be working on your case throughout the lengthy appeals process. Be wary about firms that assist you in the first stages of your case, only to then disappear.
An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting more medical evidence, file 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 help win you benefits like financial compensations, aid and attendance benefits, educational benefits, or even unemployment.
How can I get a better rating
There might come a time when your disability gets worse or your symptoms become broader or more challenging. It is logical in this instance to seek an increase in your rating. A veterans disability lawyer can help with that process, and help you dig up evidence to justify your request.
It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. If they overlook an injury or ignore a condition that could be combined with other disabilities to earn an improved rating, it's worth having an expert review your records to look for mistakes.
Even if it's been more than one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These require a complete review of your file, and could result in an amendment to your effective date or a new rating that's more accurate to what you feel.
If you believe you're entitled to an assessment of 100 percent, or higher, consider applying for a supplemental claim. A disability lawyer can assist you to make a convincing case for this rating which is only available for the most debilitating disabilities. For example an illness that is mental could qualify you for 100% disability ratings because it could cause significant disruption to your work or frequent periods of hospitalization, which don't usually trigger this level of rating for cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary to what many people think, the denial of a disability claim by the VA is not the end of an individual's chance to recover benefits. Former veterans have one year to appeal a decision that is not favorable.
An experienced veterans disability attorney can assist a vet in determining which of the three pathways for appeal is the best option for his particular case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can even assist veterans with a formal hearing before a Veterans Law Judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim demands. They also have a lot of experience in dealing with VA disability claims, and are familiar with the rules and procedure inside and out. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans have to face. This can create a special type of empathy which could help in the resolution of an issue involving veterans' disability.
Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claim for free to determine whether we can help you. Call us today to schedule your free evaluation.
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