14 Questions You Shouldn't Be Uneasy To Ask Veterans Disability Law
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A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal against an appeal denied.
Select a veteran disability lawyer who specializes in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits only if you prove that the condition you suffer from is connected to your military service. This is known as a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the case of mental health problems). There are times when veterans suffer from medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and present evidence that is backed by independent experts.
It is easier to prove that there is a direct connection to your service for illnesses or injuries that you sustained while in the military. If you've been injured while in the military and you now suffer from headaches or concussions it is much easier to prove a direct service connection.
It is difficult to be connected to a service if you have an existing condition that got worse during your military service. To prove that your service aggravated or made worse a pre-existing illness you must provide a doctor's medical evidence that reaches the level of "clear and irrefutable" evidence.
Appealing a Denied Application
The VA will review your case after you have submitted your application and submitted medical evidence. The VA typically issues an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three decision review options -- an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can make the process more enjoyable and less requiring you to talk about your experiences and situations in layman's terms.
You should also find a firm who will continue to work on your case for the entire duration of your appeal. Beware of companies that will only assist you with the initial stages of your case, and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist in obtaining you benefits like financial compensations, aid and education benefits, attendance benefits, or unemployedness.
How can you get a better rating
It could be that your disability gets worse or your symptoms get more severe. It is logical in this case to request an increase in your rating. A veteran disability lawyer can help you in this process and help you collect evidence to support your claim.
It's not uncommon for the VA to make errors, which could result in an under-rated rating than you deserve. Whether they accidentally miss an injury you've suffered or overlook a problem that could be linked with other disabilities to receive an improved rating, it's worth having an expert review your records to identify any errors.
You are still able to make a higher-level claim, or review if you have been rated for more than a calendar year. This includes a review of your entire file, that could lead to changes to your effective date as well as a new rating more accurate to what you feel.
If you believe you're entitled to a rating of 100 percent, or higher, you should consider applying for a supplemental claim. A disability lawyer can help you build a strong case for this rating, which is reserved only for the most serious disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percentage disability rating since it can interfere with employment or cause frequent hospitalizations which would not normally trigger this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what many people believe the denial of an appeal for disability by the VA isn't the end of an individual's ability to collect benefits. Former military personnel have a year to appeal the decision if it is not favorable.
An experienced attorney for veterans can assist a veteran to determine which of the three options for appeal is best for his case. They can also help veterans gather the evidence they need to convince a higher level reviewer that their previous decision was wrong. They may also give a veteran an extra formal hearing front of an veterans disability lawsuit Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim needs. They will also have extensive experience in handling VA disability claims, and are familiar with the rules and procedure completely. Some attorneys are veterans disability law firms, and therefore are aware of the difficulties faced by disabled veterans. This can lead to a particular type of empathy which can help improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims for no cost to determine whether we can help you. Call us today to set up your free assessment.
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal against an appeal denied.
Select a veteran disability lawyer who specializes in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits only if you prove that the condition you suffer from is connected to your military service. This is known as a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the case of mental health problems). There are times when veterans suffer from medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and present evidence that is backed by independent experts.
It is easier to prove that there is a direct connection to your service for illnesses or injuries that you sustained while in the military. If you've been injured while in the military and you now suffer from headaches or concussions it is much easier to prove a direct service connection.
It is difficult to be connected to a service if you have an existing condition that got worse during your military service. To prove that your service aggravated or made worse a pre-existing illness you must provide a doctor's medical evidence that reaches the level of "clear and irrefutable" evidence.
Appealing a Denied Application
The VA will review your case after you have submitted your application and submitted medical evidence. The VA typically issues an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three decision review options -- an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can make the process more enjoyable and less requiring you to talk about your experiences and situations in layman's terms.
You should also find a firm who will continue to work on your case for the entire duration of your appeal. Beware of companies that will only assist you with the initial stages of your case, and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist in obtaining you benefits like financial compensations, aid and education benefits, attendance benefits, or unemployedness.
How can you get a better rating
It could be that your disability gets worse or your symptoms get more severe. It is logical in this case to request an increase in your rating. A veteran disability lawyer can help you in this process and help you collect evidence to support your claim.
It's not uncommon for the VA to make errors, which could result in an under-rated rating than you deserve. Whether they accidentally miss an injury you've suffered or overlook a problem that could be linked with other disabilities to receive an improved rating, it's worth having an expert review your records to identify any errors.
You are still able to make a higher-level claim, or review if you have been rated for more than a calendar year. This includes a review of your entire file, that could lead to changes to your effective date as well as a new rating more accurate to what you feel.
If you believe you're entitled to a rating of 100 percent, or higher, you should consider applying for a supplemental claim. A disability lawyer can help you build a strong case for this rating, which is reserved only for the most serious disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percentage disability rating since it can interfere with employment or cause frequent hospitalizations which would not normally trigger this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what many people believe the denial of an appeal for disability by the VA isn't the end of an individual's ability to collect benefits. Former military personnel have a year to appeal the decision if it is not favorable.
An experienced attorney for veterans can assist a veteran to determine which of the three options for appeal is best for his case. They can also help veterans gather the evidence they need to convince a higher level reviewer that their previous decision was wrong. They may also give a veteran an extra formal hearing front of an veterans disability lawsuit Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim needs. They will also have extensive experience in handling VA disability claims, and are familiar with the rules and procedure completely. Some attorneys are veterans disability law firms, and therefore are aware of the difficulties faced by disabled veterans. This can lead to a particular type of empathy which can help improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims for no cost to determine whether we can help you. Call us today to set up your free assessment.
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