7 Things About Veterans Disability Law You'll Kick Yourself For Not Knowing

7 Things About Veterans Disability Law You'll Kick Yourself For Not Kn…

Elane 0 5 05.10 05:41
Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.

Choose a veterans disability attorney who is specialized in handling these cases and knows the VA's system inside out. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it's proved that your condition is related to your military service. This is known as a connection. There are many types of evidence to prove this connection. These include medical records, independent health assessments (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health problems). There are times where veterans are diagnosed with medical disabilities, but they are not able to be considered service connected due to the absence of or insufficient documents. These cases require the help of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is backed up by independent experts.

It is easier to prove a direct service connection if injuries or illnesses occurred during your time in the military. For instance, if suffered head injuries during service and now suffer headaches and concussions there is a clear connection between those events and your current health condition.

However, it is harder to get connected if you have an existing medical condition that worsened while you were in the military. In order to prove that your service aggravated or made worse an existing medical condition it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a denied application

After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the case. It typically issues a decision that either approves or denies benefits. If the decision is not favorable the veteran is given one year to make a notice of disagreement. A veterans disability law firm disability attorney can guide the claimant through the three decision review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experience and the traditions of the armed forces. This will help you feel more comfortable and eliminate the need for you to talk about your experiences and circumstances in plain English.

You want a company that will work on your case throughout the multi-year appeals procedure. Be wary of firms that assist you with the initial stages of your claim, and then vanish.

An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing and assist you in any Board meetings so that your case is handled in a fair and fair manner. They can also assist in obtaining you benefits such as assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.

How to get a higher rating

There could be a point where your disability gets more severe, or your symptoms get more complex or broader. In that case, it makes sense to seek an increase in your rating. A veteran disability lawyer can help you with this process and help you collect evidence to back your claim.

It's not unusual to see the VA make mistakes, resulting in being awarded a lower rating than what you deserve. It's worth getting an expert to review your records for any errors. They could have missed an injury or veterans Disability attorney neglected to mention an issue that could be combined with another condition to get a higher rating.

Even if it's been more than one year since you made your initial rating decision, you can file an additional review or claim. These can include a review of your entire file which could result in modifications to your effective date and an updated rating that is more true to what you feel.

It's also worth pursuing a supplemental claim or higher-level review if you believe you're entitled to a disability grade of 100 percent or more. A disability lawyer can help you create a compelling case for this rating which is only available for the most severe of disabilities. A mental health issue like this one, for instance, may make you eligible for a 100 percent disability rating, as it can hinder employment or result in frequent hospitalizations that would not normally trigger this level for a heart problem or other medical issues.

Need Help with the Appeals Process

Contrary to what some believe contrary to what many may think, an VA denial of disability benefits does not mean that an individual is not eligible for benefits. In fact, a former servicemember is given one year from the date that their local veterans hospital or office sends them a denial to appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the current three appeals options is the best option for his situation. They can also help veterans put the evidence they need to convince a higher level reviewer that their previous decision was wrong. They can even provide a veteran with a more formal hearing before 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 in dealing with VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans face. This can create a special kind of empathy that could help in the resolution of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us today to set up an evaluation for free.

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