14 Common Misconceptions Concerning Veterans Disability Law
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A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Select a veteran disability lawyer who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition you are suffering from is connected to your military service. This is called a relationship. There are a variety of evidence you could prove this connection, such as medical records as well as independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health issues). There are instances when veterans disability lawyer have medically determined disabilities, but cannot be considered to be service-connected due insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire case and submit evidence backed by unbiased experts.
It is easier to establish a direct connection if injuries or illnesses occurred during your time in the military. For instance, if were hit in the head during service and now suffer headaches and concussions, there is a strong connection between the events that led to the current condition you are suffering from.
However, it is harder to get connected if you have an existing medical condition that worsened while in the military. To prove that your service worsened or aggravated an existing condition, you must supply expert medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. The VA typically issues a decision approving or denying benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A disability attorney for veterans can help the claimant navigate through the three review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can make it simpler for you and lessen the need to describe your experiences and experiences in layman's.
You also need a company that will continue to work on your case throughout the entire multi-year appeals process. Be wary of firms that assist you in the first stages of your claim and then go away.
An experienced New York veterans' disability attorney can help you with all stages of the claim including appeals. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you win you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.
Earning a higher rating
It may happen that your disability becomes worse or your symptoms become more severe. It is logical in this situation to ask for a higher rating. A veteran disability lawyer can help you with this process and assist you to gather evidence to back your claim.
It's not unusual for the VA to make mistakes that result in an lower disability rating than you deserve. If they miss an injury you have or ignore a condition that could be combined with other disabilities to earn higher ratings, it's worth having an expert review your records to look for errors.
You may still file a higher-level claim and review if you have been given a rating for more than one calendar year. This includes a review of your entire dossier, which could result in changes to your effective date as well as the creation of a new rating that is more precise to your personal feelings.
If you believe that you are entitled to an assessment of 100 percent or higher, it's worth applying for a supplemental claim. An attorney for disability can assist you in putting together an argument that supports this type of rating, which is reserved for extremely difficult to treat disabilities. For instance mental health issues could be a reason to get a 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization, which don't normally trigger this type of a rating for a cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary to what some believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former veteran has a year from the date the local veterans' hospital or office sends them a negative decision to file an appeal.
An experienced veteran disability attorney can assist a veteran in determining which of the three options for appeal would be best for his particular situation. They can also help with gathering the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an extra formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention your claim requires. They also have extensive experience handling VA disability claims, and they know the rules and procedure in detail. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique type of empathy, which can help improve the outcome of a case involving a disabled veteran.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims free of charge to determine if we are able to assist you. Call us today to set up your complimentary evaluation.
A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Select a veteran disability lawyer who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition you are suffering from is connected to your military service. This is called a relationship. There are a variety of evidence you could prove this connection, such as medical records as well as independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health issues). There are instances when veterans disability lawyer have medically determined disabilities, but cannot be considered to be service-connected due insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire case and submit evidence backed by unbiased experts.
It is easier to establish a direct connection if injuries or illnesses occurred during your time in the military. For instance, if were hit in the head during service and now suffer headaches and concussions, there is a strong connection between the events that led to the current condition you are suffering from.
However, it is harder to get connected if you have an existing medical condition that worsened while in the military. To prove that your service worsened or aggravated an existing condition, you must supply expert medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. The VA typically issues a decision approving or denying benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A disability attorney for veterans can help the claimant navigate through the three review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can make it simpler for you and lessen the need to describe your experiences and experiences in layman's.
You also need a company that will continue to work on your case throughout the entire multi-year appeals process. Be wary of firms that assist you in the first stages of your claim and then go away.
An experienced New York veterans' disability attorney can help you with all stages of the claim including appeals. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you win you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.
Earning a higher rating
It may happen that your disability becomes worse or your symptoms become more severe. It is logical in this situation to ask for a higher rating. A veteran disability lawyer can help you with this process and assist you to gather evidence to back your claim.
It's not unusual for the VA to make mistakes that result in an lower disability rating than you deserve. If they miss an injury you have or ignore a condition that could be combined with other disabilities to earn higher ratings, it's worth having an expert review your records to look for errors.
You may still file a higher-level claim and review if you have been given a rating for more than one calendar year. This includes a review of your entire dossier, which could result in changes to your effective date as well as the creation of a new rating that is more precise to your personal feelings.
If you believe that you are entitled to an assessment of 100 percent or higher, it's worth applying for a supplemental claim. An attorney for disability can assist you in putting together an argument that supports this type of rating, which is reserved for extremely difficult to treat disabilities. For instance mental health issues could be a reason to get a 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization, which don't normally trigger this type of a rating for a cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary to what some believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former veteran has a year from the date the local veterans' hospital or office sends them a negative decision to file an appeal.
An experienced veteran disability attorney can assist a veteran in determining which of the three options for appeal would be best for his particular situation. They can also help with gathering the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an extra formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention your claim requires. They also have extensive experience handling VA disability claims, and they know the rules and procedure in detail. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique type of empathy, which can help improve the outcome of a case involving a disabled veteran.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims free of charge to determine if we are able to assist you. Call us today to set up your complimentary evaluation.
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