14 Misconceptions Common To Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the claims process.
Choose a lawyer for veterans 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 grant disability benefits if you prove that the condition you have is a result of your military service. This is known as a connection. There are various types of evidence that you could use to show this connection, including medical records as well as independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by impartial experts.
It is simpler to prove a direct service connection when injuries or illnesses were sustained while serving in the military. If you suffered injuries in the military and now suffer from headaches or concussions, it’s much easier to prove a direct service connection.
It is more difficult to be service-connected if you had an existing medical condition that was worsened while you were in military service. In order to prove that your military service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that rises to the level of “clear and irrefutable” evidence.
Appealing a Denied Application
The VA will review your application after you have submitted your application and submitted medical evidence. The VA typically issues the decision of approving or disapproving benefits. If the decision is not in favor the veteran has one year to make a notice of disagreement. A disability lawyer for veterans can help the claimant navigate the three decision review options that include an additional claim, a higher-level review, or a direct appeal to the Board of Veterans’ Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the traditions of the armed forces when choosing a New York veterans’ disability lawyer. This can make the process more comfortable and eliminate the need for you to explain your experiences and situations in layman’s terms.
You want a company that will work on your case throughout the long appeals procedure. Beware of firms that assist you in the initial phases of your claim and then disappear.
An experienced New York veterans’ disability attorney can assist you at all stages of the claim and appeals. They can assist you in submitting more medical evidence, request an official hearing, and also represent you in any Board sessions to ensure that your case will be handled fairly. They can also help you obtain benefits like monetary compensation, aid and attendance, education benefits or unemployed benefits.
How do I obtain a higher rating
There may come a time when your disability gets worse, or your symptoms get more complicated or broad. In that situation it’s sensible to ask for an increase in your rating. A veteran disability lawyer can help you with this process and help you collect evidence to prove your claim.
It’s not unusual for the VA to make mistakes that result in an under-reported disability rating than you’re entitled. Whether they accidentally miss an injury you’ve suffered or ignore a condition that could be linked with other disabilities to earn an increase in rating It’s a good idea to have an expert look over your records to look for mistakes.
You can still file a higher-level claim and review if you have been assessed for more than a calendar year. These require a complete review of your dossier and may result in a change to your effective date or a new rating that’s more accurate to what you truly feel.
It’s also worth pursuing an additional claim or higher-level review if you’re arguing that you’re entitled to a disability rate of 100 percent or greater. An attorney for disability can help you develop a compelling argument for this type of rating, which is reserved only for severe disabilities. For example mental health issues might qualify you for 100% disability ratings because it can cause marked disruption to your work or frequent periods of hospitalization that do not normally trigger such an assessment for a cardiovascular disease or other medical problems.
Assistance with the Appeals Process
Contrary to what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits doesn’t mean that a person has no chance of recovering benefits. In fact, a former veteran can wait one year from date that their local veterans hospital or office sends them a denial to appeal.
A skilled prescott veterans disability lawsuit disability lawyer can help a veteran decide which of the three ways to appeal is most appropriate for their particular situation. They can also help with gathering the evidence needed to convince a higher-level reviewer their previous decision was not correct. They can even assist veterans with a formal hearing before a Veterans Law Judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim deserves. They also have years of experience handling VA disability claims and know the rules and procedures from top to bottom. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled desert hot springs veterans disability lawyer have to face. This creates a unique kind of empathy that may improve the outcomes of a disability claim for veterans.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims free of charge to determine if we can help you. Contact us today for your complimentary evaluation.
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