The Advanced Guide To Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of a claim that has been denied.
Choose a veteran disability lawyer who is specialized in handling these cases and is aware of the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it's proved that your condition is directly related to your military service. This is called a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are occasions when veterans have medically determinable disabilities, but they cannot be considered service-connected due to incomplete or omitted documents. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and present evidence that is supported by independent experts.
It is much easier to establish a direct service connection when illnesses or injuries occurred while you served in the military. If you were injured in the military and now suffer from headaches or concussions, it's easier to prove a direct service connection.
It is a lot more difficult to become service-connected if you had an existing condition that got worse during your military service. In order to prove that your time in service aggravated or made worse an existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and undeniable" evidence.
Appealing a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can assist the claimant in navigating the three decision review options which include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences as well as the tradition of the armed services when selecting a New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the need to explain your situations and experiences in layman's language.
You'll want a firm that will take on your case throughout the lengthy appeals procedure. Be wary of firms that only assist you with the first stages of your claim and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployed benefits.
Achieving a Higher Rating
There may be a point when your disability becomes more serious or your symptoms become more complicated or broad. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can help you with this process and help gather evidence to back your claim.
It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. It's a good idea to hire an expert to examine your records for mistakes. They may have overlooked an injury or neglected to mention any issue that could have been in conjunction with another disability to receive an increase in rating.
Even if it's been more than one year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These require a complete review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more accurate to what you truly feel.
If you believe you're entitled to a rating of 100 percent or higher, it's worth seeking a supplemental claim. An attorney for disability can help you create a convincing argument for this type of rating, which is reserved for extremely serious disabilities. For example mental health issues could qualify you for an 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that do not normally trigger this type of rating for cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary to what some may believe that denial of claims for disability by the VA isn't the end of an individual's chance to recover benefits. In fact, a former military member has a year from the date that their local veterans disability lawsuit hospital or office sends them a decision that is not favorable to file an appeal.
A skilled veterans disability lawyer can assist a veteran in determining which of the three current ways to appeal is best for their case. They can also assist with gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can give a veteran an opportunity to have a formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They will also have extensive experience handling VA disability claims, and they are aware of the rules and procedures inside and out. Some attorneys are veterans, so they know the challenges that disabled veterans face. This can lead to a particular type of empathy which can sometimes improve the outcome of a veterans disability attorneys' disability case.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Contact us today for your complimentary evaluation.
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of a claim that has been denied.
Choose a veteran disability lawyer who is specialized in handling these cases and is aware of the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it's proved that your condition is directly related to your military service. This is called a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are occasions when veterans have medically determinable disabilities, but they cannot be considered service-connected due to incomplete or omitted documents. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and present evidence that is supported by independent experts.
It is much easier to establish a direct service connection when illnesses or injuries occurred while you served in the military. If you were injured in the military and now suffer from headaches or concussions, it's easier to prove a direct service connection.
It is a lot more difficult to become service-connected if you had an existing condition that got worse during your military service. In order to prove that your time in service aggravated or made worse an existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and undeniable" evidence.
Appealing a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can assist the claimant in navigating the three decision review options which include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences as well as the tradition of the armed services when selecting a New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the need to explain your situations and experiences in layman's language.
You'll want a firm that will take on your case throughout the lengthy appeals procedure. Be wary of firms that only assist you with the first stages of your claim and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployed benefits.
Achieving a Higher Rating
There may be a point when your disability becomes more serious or your symptoms become more complicated or broad. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can help you with this process and help gather evidence to back your claim.
It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. It's a good idea to hire an expert to examine your records for mistakes. They may have overlooked an injury or neglected to mention any issue that could have been in conjunction with another disability to receive an increase in rating.
Even if it's been more than one year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These require a complete review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more accurate to what you truly feel.
If you believe you're entitled to a rating of 100 percent or higher, it's worth seeking a supplemental claim. An attorney for disability can help you create a convincing argument for this type of rating, which is reserved for extremely serious disabilities. For example mental health issues could qualify you for an 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that do not normally trigger this type of rating for cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary to what some may believe that denial of claims for disability by the VA isn't the end of an individual's chance to recover benefits. In fact, a former military member has a year from the date that their local veterans disability lawsuit hospital or office sends them a decision that is not favorable to file an appeal.
A skilled veterans disability lawyer can assist a veteran in determining which of the three current ways to appeal is best for their case. They can also assist with gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can give a veteran an opportunity to have a formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They will also have extensive experience handling VA disability claims, and they are aware of the rules and procedures inside and out. Some attorneys are veterans, so they know the challenges that disabled veterans face. This can lead to a particular type of empathy which can sometimes improve the outcome of a veterans disability attorneys' disability case.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Contact us today for your complimentary evaluation.
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