20 Tips To Help You Be Better At Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can assist you through the entire claims process.
Choose a veteran disability attorney who specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits if they can prove that the condition you have is connected to your military service. This is known as a linkage. There are different types of evidence you could use to show this connection, such as medical records and independent medical examinations (IME) and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and submit evidence that is supported by unbiased experts.
It is easier to establish a direct connection if injuries or illnesses occurred while you served in the military. If you’ve been injured while during your military service and now suffer from headaches or concussions, it’s easier to establish a direct connection to the service.
It is a lot more difficult to become service-connected if there was an existing condition that deteriorated during your military service. To prove that your service has aggravated or worsened an existing illness, you must supply expert medical evidence that is at the level of “clear and undeniable” proof.
Appealing a Denied Application
After filing an application and submitting medical evidence after which the VA will review the application. It typically issues a decision which either approves or denies benefits. If the decision is not in favor the veteran has one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three possible review options that include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans’ Appeals.
When choosing the right New York veterans disability lawyer Take into consideration whether they are familiar with your military experience and the traditions of the armed forces. This can make things easier for you to understand and reduce the necessity to explain your circumstances and experiences in layman’s terms.
You need a firm that will be working on your case throughout the multi-year appeals procedure. Beware of firms that assist you in the initial stages of your claim and then vanish.
A seasoned New York veterans disability attorney‘ disability attorney can help you with every stage of your claim and appeals. They can help you submit additional medical evidence and 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 your benefits, like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
Earning a higher rating
There could be a point that your disability becomes more severe, or your symptoms get broader or more challenging. In that case it’s sensible to ask for a higher rating. A veterans disability lawyer can help with that process, and they can help you find evidence to prove your claim.
It’s not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you’re entitled to. It’s recommended to consult a professional to check your records for mistakes. They may have missed an injury or neglected to mention any issue that could have been in conjunction with another disability to earn a higher rating.
You may still file a higher-level claim and review if you have been rated for more than a calendar year. This could include a thorough review of your entire dossier, which can result in changes to your effective date and a new rating that is more corresponding to your feelings.
If you believe that you are entitled to a rating of 100 percent or higher, it’s worth requesting a supplemental claim. An attorney for disability can help you develop a convincing argument for this type of rating, that is reserved for those with debilitating disabilities. For example an illness that is mental might qualify you for an absolute disability rating because it could cause significant disruption to your work or frequent periods of hospitalization, which don’t normally trigger this type of rating for cardiovascular condition or other medical problem.
Need Help with the Appeals Process
Despite what some believe that denial of claims for disability by the VA is not the end of an individual’s chances to collect benefits. In fact, a former servicemember has a year from the date their local veterans hospital or office sends them a decision that is not favorable to file an appeal.
An experienced veterans disability lawyer can help a veteran determine which of the three ways to appeal is most suitable for their case. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They can also provide a veteran with an extra formal hearing before an veterans disability attorneys Law judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim needs. They are also likely to have years of experience handling VA disability claims and are aware of the rules and procedures in and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates a unique type of empathy, which can make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today to set up your free assessment.
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