Why We Love Veterans Disability Law (And You Should Also!)
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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 against a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Choose a veterans disability attorney who is specialized in handling these cases and is aware of the VA system from head to toe. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it's proven that your condition is connected to your military service. This is called a nexus. There are many types of evidence to prove the connection. This includes medical records, independent health exams (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances when veterans have medically determinable disabilities, but are unable to be service connected because of the absence of or insufficient documents. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed by independent experts.
It is easier to establish a direct connection when injuries or illnesses were sustained while serving in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions there is a clear connection between the events that led to your current condition.
However, it's more difficult to be connected if you have an existing medical condition that got worse when you were in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undisputed".
Appealing an Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually makes a decision that either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options: a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the military's culture when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and reduce the need for you to explain your experiences and the circumstances in layman's terms.
You also need a company who will remain on your case throughout the duration of the appeals process over a period of years. Be wary of companies that assist you in the first phases of your case and then go away.
A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you at any Board meetings so that your case will be handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, education benefits or unemployed benefits.
Achieving a Higher Rating
It could happen that your disability becomes worse or your symptoms are more severe. It makes sense in this instance to seek an increase in your rating. A lawyer for veterans' disability can assist in that process, and can assist you in locating evidence to prove your claim.
It's not common for the VA to make mistakes that lead to an lower disability rating than you're entitled. It's worth contacting a professional to check your records for errors. They might have missed an injury or neglected to mention an issue that could be added to another disability to earn a higher rating.
You may still file a higher-level claim or review if you have been assessed for more than a calendar year. These can include a review of your entire dossier, which can result in modifications to your effective date, as well as a new rating that is more corresponding to the feelings you have.
If you believe you deserve a rating of 100 percent, or higher, you should consider applying for a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most debilitating disabilities. A mental health problem for instance, might qualify you for a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations which would not normally trigger this level for a heart problem or other medical issues.
Need Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that the person is in no position to claim benefits. In fact, a former military member is given one year from the date that the local veteran's hospital or office sends 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 current three appeals options would be the most appropriate for his situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have extensive experience dealing with VA disability claims, and they know the rules and procedure inside and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This creates a distinct type of empathy that can sometimes improve the outcomes of a disability claim for veterans.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Contact us today to arrange your complimentary evaluation.
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Choose a veterans disability attorney who is specialized in handling these cases and is aware of the VA system from head to toe. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it's proven that your condition is connected to your military service. This is called a nexus. There are many types of evidence to prove the connection. This includes medical records, independent health exams (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances when veterans have medically determinable disabilities, but are unable to be service connected because of the absence of or insufficient documents. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed by independent experts.
It is easier to establish a direct connection when injuries or illnesses were sustained while serving in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions there is a clear connection between the events that led to your current condition.
However, it's more difficult to be connected if you have an existing medical condition that got worse when you were in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undisputed".
Appealing an Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually makes a decision that either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options: a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the military's culture when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and reduce the need for you to explain your experiences and the circumstances in layman's terms.
You also need a company who will remain on your case throughout the duration of the appeals process over a period of years. Be wary of companies that assist you in the first phases of your case and then go away.
A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you at any Board meetings so that your case will be handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, education benefits or unemployed benefits.
Achieving a Higher Rating
It could happen that your disability becomes worse or your symptoms are more severe. It makes sense in this instance to seek an increase in your rating. A lawyer for veterans' disability can assist in that process, and can assist you in locating evidence to prove your claim.
It's not common for the VA to make mistakes that lead to an lower disability rating than you're entitled. It's worth contacting a professional to check your records for errors. They might have missed an injury or neglected to mention an issue that could be added to another disability to earn a higher rating.
You may still file a higher-level claim or review if you have been assessed for more than a calendar year. These can include a review of your entire dossier, which can result in modifications to your effective date, as well as a new rating that is more corresponding to the feelings you have.
If you believe you deserve a rating of 100 percent, or higher, you should consider applying for a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most debilitating disabilities. A mental health problem for instance, might qualify you for a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations which would not normally trigger this level for a heart problem or other medical issues.
Need Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that the person is in no position to claim benefits. In fact, a former military member is given one year from the date that the local veteran's hospital or office sends 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 current three appeals options would be the most appropriate for his situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have extensive experience dealing with VA disability claims, and they know the rules and procedure inside and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This creates a distinct type of empathy that can sometimes improve the outcomes of a disability claim for veterans.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Contact us today to arrange your complimentary evaluation.
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