15 Surprising Stats About Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the entire claims process.
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 gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if they can prove that the condition you suffer from is connected to your military service. This is referred to as linkage. You can make use of various types of evidence to prove the connection. This includes medical documents, independent health examinations (IME), or nexus letter from current health care providers (especially in the case of mental health conditions). There are instances when veterans have medically determined disabilities, but are unable to be considered to be service-connected due missing or incomplete documents. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed up by experts who are independent.
It is easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. If you suffered injuries during your military service and now suffer from headaches and concussions, it's easier to prove a direct service connection.
It is harder to get service-connected if there was an existing condition that deteriorated during your military service. To prove that your time in service aggravated or made worse an existing illness, you must supply expert medical evidence that is at the level of "clear and irrefutable" evidence.
Appealing a Denial
After submitting an application and providing medical evidence after which the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability attorney can assist the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Be sure to think about whether they understand your military experience and army's culture. This will make the process more relaxed and less demanding for you to explain your experience and situations in plain language.
You'll want a firm that will handle your case through the lengthy appeals procedure. Beware of companies that will only assist you in the initial stages of your case, and then disappear.
A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployed benefits.
Getting a Higher Rating
It could happen that your disability gets worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in the rating. A veterans disability lawyer can assist in that procedure, and help you dig up evidence to support your request.
It's not unusual for the VA to make mistakes that lead to an lower disability rating than you deserve. It's a good idea to hire an expert to look over your records for errors. They may have overlooked an injury or omitted any issue that could have been combined with another disability to receive an even higher rating.
You can still file a higher-level claim or review if you've been evaluated for more than a calendar year. These include a review of your entire dossier, which could result in changes to the effective date of your claim and a new rating that is more corresponding to the feelings you have.
If you believe that you are entitled to a rating of 100 percent or higher, it's worth requesting a supplemental claim. A disability lawyer can help you put together a convincing argument for this type of rating, which is reserved only for severe disabilities. For instance mental health issues might qualify you for a 100% disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization that do not usually trigger this level of the rating for a heart condition or other medical problem.
Helping with the Appeals Process
Contrary to what some may believe, a VA denial of disability benefits does not mean that an individual is not eligible for benefits. Former military personnel have a year to appeal an outcome that is not favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the current three appeals options is best for his particular situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer their previous decision was not correct. They can even assist a veteran with a formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim demands. They are also likely to have extensive experience handling VA disability claims, and they know the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This can result in a unique type of empathy which could help in the resolution of an issue involving veterans' disability.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Call us today to set up an appointment for a free evaluation.
A veteran disability lawyer can help you through the entire claim process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the entire claims process.
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 gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if they can prove that the condition you suffer from is connected to your military service. This is referred to as linkage. You can make use of various types of evidence to prove the connection. This includes medical documents, independent health examinations (IME), or nexus letter from current health care providers (especially in the case of mental health conditions). There are instances when veterans have medically determined disabilities, but are unable to be considered to be service-connected due missing or incomplete documents. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed up by experts who are independent.
It is easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. If you suffered injuries during your military service and now suffer from headaches and concussions, it's easier to prove a direct service connection.
It is harder to get service-connected if there was an existing condition that deteriorated during your military service. To prove that your time in service aggravated or made worse an existing illness, you must supply expert medical evidence that is at the level of "clear and irrefutable" evidence.
Appealing a Denial
After submitting an application and providing medical evidence after which the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability attorney can assist the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Be sure to think about whether they understand your military experience and army's culture. This will make the process more relaxed and less demanding for you to explain your experience and situations in plain language.
You'll want a firm that will handle your case through the lengthy appeals procedure. Beware of companies that will only assist you in the initial stages of your case, and then disappear.
A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployed benefits.
Getting a Higher Rating
It could happen that your disability gets worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in the rating. A veterans disability lawyer can assist in that procedure, and help you dig up evidence to support your request.
It's not unusual for the VA to make mistakes that lead to an lower disability rating than you deserve. It's a good idea to hire an expert to look over your records for errors. They may have overlooked an injury or omitted any issue that could have been combined with another disability to receive an even higher rating.
You can still file a higher-level claim or review if you've been evaluated for more than a calendar year. These include a review of your entire dossier, which could result in changes to the effective date of your claim and a new rating that is more corresponding to the feelings you have.
If you believe that you are entitled to a rating of 100 percent or higher, it's worth requesting a supplemental claim. A disability lawyer can help you put together a convincing argument for this type of rating, which is reserved only for severe disabilities. For instance mental health issues might qualify you for a 100% disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization that do not usually trigger this level of the rating for a heart condition or other medical problem.
Helping with the Appeals Process
Contrary to what some may believe, a VA denial of disability benefits does not mean that an individual is not eligible for benefits. Former military personnel have a year to appeal an outcome that is not favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the current three appeals options is best for his particular situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer their previous decision was not correct. They can even assist a veteran with a formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim demands. They are also likely to have extensive experience handling VA disability claims, and they know the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This can result in a unique type of empathy which could help in the resolution of an issue involving veterans' disability.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Call us today to set up an appointment for a free evaluation.
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