11 Ways To Completely Redesign Your Veterans Disability Law
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A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can assist you through the entire claims process.
Choose a veterans disability attorney who focuses their practice on handling these cases and is aware of the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it's established that your condition is linked to your military experience. This is called a nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health assessments (IME) or a nexus letter from current healthcare providers (especially in the cases of mental health issues). There are times where veterans are diagnosed with medical disabilities, but cannot be service connected because of the absence of or insufficient records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed by unbiased experts.
It is much easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. If you were injured in the military and now suffer from headaches and concussions it is much easier to prove a direct service connection.
However, it is more difficult to get service connected if you have a pre-existing medical condition that became worse during your time in the military. To prove that your service aggravated or worsened a pre-existing health condition, you'll have to present medical evidence that is "clear and undeniable".
Appealing a Denial
After submitting an application and submitting medical evidence, the VA will review the case. The VA usually issues a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to make a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options: an additional claim or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military background and culture of the armed forces. This can make the process more enjoyable and reduce the need for you to describe your experiences and the circumstances in layman's terms.
You also need a company who will continue to work on your case throughout the entire multi-year appeals process. Beware of firms that help you with the initial phases of your claim and then vanish.
A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you at any Board meetings to ensure that your case will be dealt with in a fair manner. They can also help win you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployment.
How to get a higher rating
It may happen that your disability gets worse or your symptoms become more severe. In such a case it's sensible to request an increase in your rating. A veteran disability lawyer can help you with this process and help you gather evidence to prove your claim.
It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled. If they overlook an injury or miss a condition that could be combined with other disabilities in order to get higher ratings it's important to have an expert look over your records to look for errors.
Even even if it's been more than a year since your initial rating decision, you still can file a higher-level review or supplemental claim. This involves a thorough review of your file. It could result in changes to your effective date or an updated rating that is more accurate to how you truly feel.
It's also worth pursuing an additional claim or a higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or higher. A disability lawyer can help develop a compelling argument for this rating that is reserved for the most serious disabilities. A mental illness for instance, might allow you to receive a 100 percent disability rating because it can hinder employment or cause frequent hospitalizations which do not normally trigger this level for a cardiovascular issue or other medical condition.
Need help with the Appeals Process
Contrary to what many people think that denial of an appeal for disability by the VA is not the end of an individual's chance to collect benefits. Former service members have one year to appeal the decision if it is not favorable.
An experienced veterans disability attorney can assist a veteran in determining which of the three appeals options is the best option for his case. They can also help an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was not right. They may also give a veteran an extra formal hearing before an Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have a wealth of experience handling VA disability claims, and they know the rules and procedure in detail. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This creates a distinct type of empathy that can enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to assist you. Contact us today to arrange your free assessment.
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