What's Holding Back From The Veterans Disability Law Industry?
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Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service evidence to filing an appeal against a denied claim.
Choose a veteran disability lawyer who specializes in these types of cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you have is connected to your military service. This is called a connection. There are many types of evidence you could prove the connection, including medical records and independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are instances where veterans are diagnosed with medical disabilities, but cannot be service connected because of missing or incomplete documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.
It is simpler to prove that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
However, it is more difficult to get connected if you suffer from a pre-existing medical condition that became worse while you were in the military. In order to prove that your service aggravated or made worse a pre-existing illness it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" evidence.
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA typically issues an opinion either approving or denial of benefits. If the decision is not favorable the veteran is given one year to submit a Notice of Disagreement. A disability lawyer for veterans can help the claimant navigate the three possible review options including an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience as well as the military's culture when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and eliminate the need for you to explain your experience and situations in plain language.
You should also find a firm who will remain on your case for the entire multi-year appeals process. Beware of firms that only help you with the initial stages of your case, only to then disappear.
A seasoned New York veterans disability law firm' disability attorney can help you with all phases of the claim including appeals. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you in any Board meetings so that your case will be handled without prejudice. They can also help win you benefits, such as financial compensations, aid and education benefits, attendance benefits, or even unemployment.
How can you get a better rating
It could happen that your disability becomes worse or your symptoms get more severe. It is logical in this instance to seek an increase in the rating. A veteran disability lawyer can help you in this process, and also help you gather evidence to back your claim.
It's not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth getting a professional to check your records for mistakes. They could have missed an injury or missed the issue that could be combined with another disability to get an increase in rating.
You can still submit a higher-level claim or review if you have been evaluated for more than a calendar year. This involves a thorough review of your file, and could result in a change to your effective date or an entirely new rating that's more accurate to what you really feel.
If you think you're worthy of an assessment of 100 percent or more, it's worth requesting a supplemental claim. A disability lawyer can help you build a strong case for this rating which is only available for the most severe of disabilities. For example the mental health issue could be a reason to get a 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that do not usually trigger this level of an assessment for a cardiovascular illness or other medical issues.
Assistance with the Appeals Process
Contrary to what some may think the denial of an appeal for disability by the VA isn't the end of an individual's chance to receive benefits. In fact, a former servicemember has one year from the date their local veterans hospital or office sends them a negative decision to appeal.
An experienced attorney for veterans can help a vet determine which of the current three options for appeal is the best option for his situation. They can also help a vet get the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They may also give a veteran an additional formal hearing front of an Veterans Law judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim requires. They will also have extensive experience dealing with VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some lawyers are veterans disability attorneys themselves, which means that they are aware of the difficulties disabled veterans face. This creates a unique type of empathy that can help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Contact us today for your complimentary evaluation.
A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service evidence to filing an appeal against a denied claim.
Choose a veteran disability lawyer who specializes in these types of cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you have is connected to your military service. This is called a connection. There are many types of evidence you could prove the connection, including medical records and independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are instances where veterans are diagnosed with medical disabilities, but cannot be service connected because of missing or incomplete documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.
It is simpler to prove that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
However, it is more difficult to get connected if you suffer from a pre-existing medical condition that became worse while you were in the military. In order to prove that your service aggravated or made worse a pre-existing illness it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" evidence.
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA typically issues an opinion either approving or denial of benefits. If the decision is not favorable the veteran is given one year to submit a Notice of Disagreement. A disability lawyer for veterans can help the claimant navigate the three possible review options including an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience as well as the military's culture when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and eliminate the need for you to explain your experience and situations in plain language.
You should also find a firm who will remain on your case for the entire multi-year appeals process. Beware of firms that only help you with the initial stages of your case, only to then disappear.
A seasoned New York veterans disability law firm' disability attorney can help you with all phases of the claim including appeals. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you in any Board meetings so that your case will be handled without prejudice. They can also help win you benefits, such as financial compensations, aid and education benefits, attendance benefits, or even unemployment.
How can you get a better rating
It could happen that your disability becomes worse or your symptoms get more severe. It is logical in this instance to seek an increase in the rating. A veteran disability lawyer can help you in this process, and also help you gather evidence to back your claim.
It's not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth getting a professional to check your records for mistakes. They could have missed an injury or missed the issue that could be combined with another disability to get an increase in rating.
You can still submit a higher-level claim or review if you have been evaluated for more than a calendar year. This involves a thorough review of your file, and could result in a change to your effective date or an entirely new rating that's more accurate to what you really feel.
If you think you're worthy of an assessment of 100 percent or more, it's worth requesting a supplemental claim. A disability lawyer can help you build a strong case for this rating which is only available for the most severe of disabilities. For example the mental health issue could be a reason to get a 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that do not usually trigger this level of an assessment for a cardiovascular illness or other medical issues.
Assistance with the Appeals Process
Contrary to what some may think the denial of an appeal for disability by the VA isn't the end of an individual's chance to receive benefits. In fact, a former servicemember has one year from the date their local veterans hospital or office sends them a negative decision to appeal.
An experienced attorney for veterans can help a vet determine which of the current three options for appeal is the best option for his situation. They can also help a vet get the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They may also give a veteran an additional formal hearing front of an Veterans Law judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim requires. They will also have extensive experience dealing with VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some lawyers are veterans disability attorneys themselves, which means that they are aware of the difficulties disabled veterans face. This creates a unique type of empathy that can help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Contact us today for your complimentary evaluation.
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