The Advanced Guide To Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal against the denial of your claim.
Choose a veteran disability attorney that 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 approve disability benefits only if you prove that the condition is linked to your military service. This is referred to as linkage. There are many types of evidence you can demonstrate this connection, such as medical records as well as independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are occasions where veterans are diagnosed with medical disabilities, but cannot be considered service connected due to missing or incomplete records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence that is backed up by independent experts.
It is easier to prove a direct service connection when illnesses or injuries were sustained while serving in the military. For instance, if you were struck in the head while serving and are now suffering from concussions and headaches, there is a direct link between the events that led to the current condition you are suffering from.
It is harder to get service-connected if there was an existing medical condition that was worsened during your military service. To show that your time in service caused or aggravated a pre-existing condition, you'll need to present medical evidence that is "clear and undeniable".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA typically issues an approval or denial of benefits. If the decision is not favorable, the veteran is given a year to file a complaint. A veterans disability law firm disability lawyer can assist the claimant through the three options for review -- an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience as well as the military's culture when selecting a New York veterans' disability lawyer. This can make things easier for you and reduce the need to explain your situations and experiences in layman's.
You should also choose a firm who will continue to work on your case throughout the duration of the appeals process over a period of years. Be wary of firms that help you with the initial stages of your case, only to then disappear.
A seasoned New York Veterans Disability law Firms' disability attorney can assist you at all phases of the claim including appeals. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also assist in obtaining you benefits such as cash compensations, aid or attendance benefits, education benefits, or unemployedness.
Getting a Higher Rating
It may happen that your disability becomes worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in your rating. A veterans disability lawyer can assist in that process, and assist you in locating evidence to prove your claim.
It's not unusual for the VA make mistakes, resulting in receiving a lower score than you deserve. It's worth contacting an expert to examine your records for errors. They might have missed an injury or neglected to mention a problem which could be in conjunction with another disability to get an improved rating.
Even the fact that it's been more a year since your initial rating decision, you still can file an additional review or claim. This could include a thorough review of your entire file, which could result in changes to the effective date of your claim and an updated rating that is more true to what you feel.
It's also advisable to file an additional claim or a higher-level review if you're arguing that you are entitled to a disability rating of 100 percent or more. A disability lawyer can help you develop a compelling argument for this rating which is reserved for the most severe of disabilities. A mental health issue for instance, might be a reason to get a 100 percentage disability rating since it could hinder your employment or cause frequent hospitalizations which are not typically triggering this level for a heart problem or other medical issues.
Need help with the Appeals Process
Despite what some think, the denial of an appeal for disability by the VA is not the end of an individual's ability to recover benefits. Former veterans have one year to appeal an outcome that is not favorable.
An experienced veteran disability attorney can assist a veteran in determining which of the current three appeal options would be best for his situation. They can also help veterans put the evidence needed to convince a higher level reviewer that their previous decision was wrong. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have a wealth of experience in dealing with VA disability claims and know the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans have to face. This creates an unique type of empathy that can enhance the outcome of a disability claim for veterans.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for free to determine if we can help you. Call us now to schedule your free evaluation.
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal against the denial of your claim.
Choose a veteran disability attorney that 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 approve disability benefits only if you prove that the condition is linked to your military service. This is referred to as linkage. There are many types of evidence you can demonstrate this connection, such as medical records as well as independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are occasions where veterans are diagnosed with medical disabilities, but cannot be considered service connected due to missing or incomplete records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence that is backed up by independent experts.
It is easier to prove a direct service connection when illnesses or injuries were sustained while serving in the military. For instance, if you were struck in the head while serving and are now suffering from concussions and headaches, there is a direct link between the events that led to the current condition you are suffering from.
It is harder to get service-connected if there was an existing medical condition that was worsened during your military service. To show that your time in service caused or aggravated a pre-existing condition, you'll need to present medical evidence that is "clear and undeniable".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA typically issues an approval or denial of benefits. If the decision is not favorable, the veteran is given a year to file a complaint. A veterans disability law firm disability lawyer can assist the claimant through the three options for review -- an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience as well as the military's culture when selecting a New York veterans' disability lawyer. This can make things easier for you and reduce the need to explain your situations and experiences in layman's.
You should also choose a firm who will continue to work on your case throughout the duration of the appeals process over a period of years. Be wary of firms that help you with the initial stages of your case, only to then disappear.
A seasoned New York Veterans Disability law Firms' disability attorney can assist you at all phases of the claim including appeals. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also assist in obtaining you benefits such as cash compensations, aid or attendance benefits, education benefits, or unemployedness.
Getting a Higher Rating
It may happen that your disability becomes worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in your rating. A veterans disability lawyer can assist in that process, and assist you in locating evidence to prove your claim.
It's not unusual for the VA make mistakes, resulting in receiving a lower score than you deserve. It's worth contacting an expert to examine your records for errors. They might have missed an injury or neglected to mention a problem which could be in conjunction with another disability to get an improved rating.
Even the fact that it's been more a year since your initial rating decision, you still can file an additional review or claim. This could include a thorough review of your entire file, which could result in changes to the effective date of your claim and an updated rating that is more true to what you feel.
It's also advisable to file an additional claim or a higher-level review if you're arguing that you are entitled to a disability rating of 100 percent or more. A disability lawyer can help you develop a compelling argument for this rating which is reserved for the most severe of disabilities. A mental health issue for instance, might be a reason to get a 100 percentage disability rating since it could hinder your employment or cause frequent hospitalizations which are not typically triggering this level for a heart problem or other medical issues.
Need help with the Appeals Process
Despite what some think, the denial of an appeal for disability by the VA is not the end of an individual's ability to recover benefits. Former veterans have one year to appeal an outcome that is not favorable.
An experienced veteran disability attorney can assist a veteran in determining which of the current three appeal options would be best for his situation. They can also help veterans put the evidence needed to convince a higher level reviewer that their previous decision was wrong. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have a wealth of experience in dealing with VA disability claims and know the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans have to face. This creates an unique type of empathy that can enhance the outcome of a disability claim for veterans.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for free to determine if we can help you. Call us now to schedule your free evaluation.
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