14 Common Misconceptions About Veterans Disability Law
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veterans disability lawyers; official source,
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Select a veteran disability lawyer who specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits when it can be proven that your condition is linked to your military experience. This is referred to as a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the situation of mental health conditions). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and submit evidence backed by unbiased experts.
It is much easier to prove an immediate connection with your service to illnesses or injuries that occurred while in the military. If you were injured in the military and now suffer from headaches and concussions, it's easier to establish a direct connection to the service.
However, it is more difficult to be connected if you have an existing medical condition that got worse when you were in the military. To prove that your service time caused or aggravated a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. It usually makes a decision that either approves or denies benefits. If the decision is not favorable the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can guide the claimant through the three decision review options - the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the military's culture when choosing the New York veterans' disability lawyer. This will make the process more enjoyable and less demanding for you to explain your experiences and situations in layman's terms.
You also want a firm who will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of companies that will only assist you with the first phases of your claim and then vanish.
An experienced New York veterans' disability attorney can assist you through all phases of the claim including appeals. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you at any Board sessions to ensure that your case will be handled without prejudice. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.
How to get a higher rating
There may be a point where your disability gets more severe or your symptoms become more complex or broader. In such a case it is sensible to request a higher rating. A veteran disability lawyer can help you in this process and assist you to collect evidence to support your claim.
It's not unusual to see the VA to make errors, which could result in a lower rating than you deserve. In the event that they fail to notice an injury you have or miss a condition that could be linked with other disabilities in order to get an improved rating, it's worth having an expert look over your records to look for errors.
You are still able to submit a higher-level claim or review if you have been assessed for more than a calendar year. This could include a thorough review of your entire record, that could lead to changes to your effective date as well as the creation of a new rating that is more precise to your feelings.
It's also advisable to file a supplemental claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. An attorney for disability can help you create an argument that is convincing for this kind of rating, which is reserved only for difficult to treat disabilities. For example an illness that is mental could qualify you for an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of an assessment for a cardiovascular condition or other medical problem.
Getting Help with the Appeals Process
Contrary to what some believe Contrary to what some may believe, an VA denial of disability benefits doesn't mean that a person isn't eligible to receive benefits. In fact, a former military member can wait one year from date their local veterans disability lawyer hospital or office mails them a negative decision to file an appeal.
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 assist a vet in gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can also provide a veteran with an opportunity to have a formal hearing front of an Veterans Law judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim needs. They will also have extensive experience in handling VA disability claims, and they understand the rules and procedure completely. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy that can make a difference in the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist 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 evidence to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Select a veteran disability lawyer who specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits when it can be proven that your condition is linked to your military experience. This is referred to as a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the situation of mental health conditions). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and submit evidence backed by unbiased experts.
It is much easier to prove an immediate connection with your service to illnesses or injuries that occurred while in the military. If you were injured in the military and now suffer from headaches and concussions, it's easier to establish a direct connection to the service.
However, it is more difficult to be connected if you have an existing medical condition that got worse when you were in the military. To prove that your service time caused or aggravated a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. It usually makes a decision that either approves or denies benefits. If the decision is not favorable the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can guide the claimant through the three decision review options - the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the military's culture when choosing the New York veterans' disability lawyer. This will make the process more enjoyable and less demanding for you to explain your experiences and situations in layman's terms.
You also want a firm who will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of companies that will only assist you with the first phases of your claim and then vanish.
An experienced New York veterans' disability attorney can assist you through all phases of the claim including appeals. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you at any Board sessions to ensure that your case will be handled without prejudice. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.
How to get a higher rating
There may be a point where your disability gets more severe or your symptoms become more complex or broader. In such a case it is sensible to request a higher rating. A veteran disability lawyer can help you in this process and assist you to collect evidence to support your claim.
It's not unusual to see the VA to make errors, which could result in a lower rating than you deserve. In the event that they fail to notice an injury you have or miss a condition that could be linked with other disabilities in order to get an improved rating, it's worth having an expert look over your records to look for errors.
You are still able to submit a higher-level claim or review if you have been assessed for more than a calendar year. This could include a thorough review of your entire record, that could lead to changes to your effective date as well as the creation of a new rating that is more precise to your feelings.
It's also advisable to file a supplemental claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. An attorney for disability can help you create an argument that is convincing for this kind of rating, which is reserved only for difficult to treat disabilities. For example an illness that is mental could qualify you for an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of an assessment for a cardiovascular condition or other medical problem.
Getting Help with the Appeals Process
Contrary to what some believe Contrary to what some may believe, an VA denial of disability benefits doesn't mean that a person isn't eligible to receive benefits. In fact, a former military member can wait one year from date their local veterans disability lawyer hospital or office mails them a negative decision to file an appeal.
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 assist a vet in gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can also provide a veteran with an opportunity to have a formal hearing front of an Veterans Law judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim needs. They will also have extensive experience in handling VA disability claims, and they understand the rules and procedure completely. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy that can make a difference in the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us today to set up your free assessment.
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