14 Questions You Might Be Anxious To Ask Veterans Disability Law
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A veteran disability lawyer can assist you throughout the entire claims process. From collecting medical and service proof to submitting an appeal of an appeal denied.
Choose a lawyer for veterans who focuses their practice on dealing with these cases, and who knows the VA’s system inside out. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits if you prove that the condition you suffer from is a result of your military service. This is known as a connection. There are many types of evidence to prove the connection. This includes medical records, independent health exams (IME), or an nexus note from current healthcare providers (especially in the situation of mental health conditions). There are times when veterans have medically determined disabilities, but cannot be considered service connected due to missing or incomplete records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and provide evidence backed by impartial experts.
It is simpler to prove a direct connection when illnesses or injuries 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.
However, it is more difficult to get service connected if you have an existing medical condition that got worse while in the military. In order to prove that your military service worsened or aggravated an existing illness, you must supply expert medical evidence that reaches the level of “clear and unmistakable” proof.
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided medical proof. The VA usually issues an opinion either approving or denial of benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options – an additional claim or a higher-level review, or a direct appeal to the Board of Veterans’ Appeals.
When deciding on a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military background and military’s culture. This can make it easier for you and decrease the need to explain your situations and experiences in a layman’s way.
You’ll want a firm that will handle your case throughout the multi-year appeals process. Be wary of companies that help you with the initial stages of your claim, and then disappear.
An experienced New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can assist you in submitting more medical evidence, request an official hearing, and represent you in any Board meetings so that your case will be handled fairly. They can also help you claim benefits such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
How do I obtain a higher rating
There could be a point when your disability gets worse or your symptoms become more complicated or broad. It is logical in this situation to ask for an increase in your rating. A veterans disability lawyer can assist in that process, and they can help you find evidence to justify your request.
It’s not uncommon to see the VA to make mistakes that result in a lower rating than you deserve. In the event that they fail to notice an injury you’ve suffered or overlook a problem which could be linked to other disabilities in order to get a higher rating It’s worthwhile to have an expert review your records to find any errors.
You may still make a higher-level claim, or review if you have been evaluated for more than a calendar year. These involve a full review of your file and can result in a change to your effective date or a new rating that’s more accurate to what you truly feel.
If you believe you deserve a rating of 100 percent or higher, it’s worth making a claim for supplemental benefits. A disability lawyer can assist you to build a strong case for this rating that is reserved for the most serious disabilities. A mental illness like this one, for instance, may make you eligible for a 100% rating of disability because it could affect your job or trigger frequent hospitalizations that do not normally trigger this level of severity for a heart problem or other medical issues.
Helping with the Appeals Process
Despite what some believe, the denial of claims for disability by the VA is not the end of a person’s chances to collect benefits. Former service members have a year to appeal any decision that isn’t favorable.
An experienced lawyer for veterans can assist a veteran in determining which of the three current appeals options is most suitable for their case. They can also help veterans gather all the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They also have a wealth of experience in handling VA disability claims and are aware of the rules and procedures inside and out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This creates a unique type of empathy that can sometimes make a difference in the outcome of a case involving a disabled veteran.
Sullivan & Kehoe’s team of highly trained lawyers can review your VA disability claims for no cost to determine if we can assist you. Contact us now to schedule your free assessment.
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