7 Things About Veterans Disability Law You’ll Kick Yourself For Not Knowing
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Veterans Disability Lawyers
A veteran disability lawyer can assist 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 assist you throughout the entire claim process.
Select a veteran disability lawyer who is specialized in these types of cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if you can prove that the condition you are suffering from is related to your military service. This is known as a nexus. There are many types of evidence to prove this connection. This includes medical records, independent health exams (IME), or nexus letter from current healthcare providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence backed by impartial experts.
It is easier to prove an immediate connection with your service to injuries or illnesses which occurred while 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’s harder to get connected if you suffer from an existing medical condition that became worse when you were in the military. In order to prove that your time in military service worsened or aggravated an existing condition you must provide a doctor’s medical evidence that rises to the level of “clear and undeniable” proof.
Appealing a Denial
The VA will review your case after you have submitted your application and submitted medical evidence. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given a year to make a formal complaint. A lawyer for veterans’ disability can assist the claimant in navigating the three options for review including a supplemental claim, higher-level review or a direct appeal to the Board of Veterans’ Appeals.
Take note of whether the lawyer is familiar with your military experiences as well as the military’s culture when choosing the New York deerfield beach veterans disability lawyer‘ disability lawyer. This can make the process more relaxed and less requiring you to explain your experience and circumstances in plain English.
You want a company that will be working on your case throughout the multi-year appeals procedure. Be wary about firms that assist you in the initial phases of your case and then disappear.
An experienced New York veterans’ disability attorney can assist you through all phases of the claim, including appeals. They can assist you in submitting more medical evidence, request an official hearing, and represent you at any Board meetings so that your case is handled without prejudice. They can also help win you benefits such as assistance, monetary compensations and attendance benefits, education benefits, or unemployability.
Earning a higher rating
It may happen that your disability gets worse or your symptoms become more severe. In that situation it’s sensible to request an increase in your rating. A veteran disability lawyer can assist you with this process, and also help you collect evidence to back your claim.
It’s not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you’re entitled to. If they overlook an injury or ignore a condition which could be linked to other disabilities to earn an improved rating, it’s worth having a professional look over your records to identify any errors.
You are still able to file a higher-level claim or review if you have been assessed for more than a calendar year. These include a review of your entire file, which can result in changes to the effective date of your claim and the creation of a new rating that is more precise to your personal feelings.
It’s also advisable to file an additional claim or a more thorough review if you’re trying to argue that you are entitled to a disability rating of 100 percent or greater. A disability attorney can assist you in putting together a convincing argument for this type of rating which is reserved for extremely difficult to treat disabilities. A mental health condition for instance, might be a reason to get a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations that do not normally trigger this level for a cardiovascular problem or other medical conditions.
Assistance with the Appeals Process
Contrary to what many people believe that denial of a disability claim by the VA isn’t the end of an individual’s chance to receive benefits. In fact, a former veteran has one year from the date that their local meadows Place veterans disability attorney hospital or office mails them an unfavorable determination to file an appeal.
An experienced lawyer for veterans can help a veteran determine which of the three pathways for appealing would be best for their case. They can also help veterans in obtaining 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 most appealing aspect of having a New York veteran disability attorney handle your appeal is that they’ll provide the personalized attention your claim demands. They will also have extensive experience in handling VA disability claims, and they know the rules and procedure completely. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates an unique type of empathy that may improve the outcomes of a disability claim for veterans.
Sullivan & Kehoe’s team of highly trained lawyers can review your VA disability claim for free to determine whether we can assist you. Call us today to arrange an evaluation for free.
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