The Main Issue With Veterans Disability Law, And How You Can Fix It
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Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From assembling medical and service evidence to filing an appeal of a claim that has been denied.
Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with 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 when it can be proved that your condition is connected to your military service. This is known as a connection. You can make use of various types of evidence to prove the connection. This includes medical records, independent health exams (IME) or a the nexus letters from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and submit evidence that is supported by experts who are independent.
It is simpler to prove a direct connection if injuries or illnesses occurred while you were in the military. If you have been injured in the military and you now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
It is difficult to be connected to a service if you have a pre-existing condition that worsened during your military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denial
After filing an application and submitting medical evidence after which the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can assist the claimant through the three decision review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When choosing when choosing a 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 and lessen the need to explain your situations and experiences in a layman's way.
You should also find a firm who will remain on your case for the duration of the appeals process over a period of years. Be wary of companies that assist you in the initial phases of your case and then go away.
A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, educational benefits or veterans disability attorney unemployment benefits.
Achieving a Higher Rating
It is possible that your disability gets worse or your symptoms become more severe. In that situation it's logical to request an increase in your rating. A lawyer for veterans can help with that process, and can help you find evidence to support your request.
It's not unusual for the VA to make mistakes that lead to an lower disability rating than you deserve. It's recommended to consult an expert to examine your records for any errors. They may have missed an injury or neglected to mention the issue that could be coupled with another disability to receive a higher rating.
Even if it's been more than one year since the initial rating decision, you still can file a higher-level review or supplemental claim. These can include a review of your entire file, which can result in modifications to your effective date as well as an updated rating that is more true to the feelings you have.
If you believe you deserve a rating of 100 percent or higher, you should consider seeking a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most serious disabilities. For example mental health issues might qualify you for 100% disability ratings because it could cause significant interference with employment or frequent periods of hospitalization that don't typically trigger this kind of a rating for a cardiovascular disease or other medical problems.
Getting help with the Appeals Process
Contrary to what some may believe that denying a disability claim by the VA is not the end of a person's chances to collect benefits. Former service members have one year to appeal an outcome that is not favorable.
An experienced veterans disability attorney can assist a vet in determining which of the three options for appeal would be the most appropriate for his situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer that the previous decision was not right. They can provide a veteran an extra formal hearing before a Veterans Law judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim needs. They also have extensive experience handling VA disability claims and know the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This can result in a unique type of empathy which can help improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for veterans disability attorney free to determine if we are able to help you. Contact us today for your free assessment.
A veteran disability lawyer can help you through the entire claim process. From assembling medical and service evidence to filing an appeal of a claim that has been denied.
Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with 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 when it can be proved that your condition is connected to your military service. This is known as a connection. You can make use of various types of evidence to prove the connection. This includes medical records, independent health exams (IME) or a the nexus letters from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and submit evidence that is supported by experts who are independent.
It is simpler to prove a direct connection if injuries or illnesses occurred while you were in the military. If you have been injured in the military and you now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
It is difficult to be connected to a service if you have a pre-existing condition that worsened during your military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denial
After filing an application and submitting medical evidence after which the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can assist the claimant through the three decision review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When choosing when choosing a 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 and lessen the need to explain your situations and experiences in a layman's way.
You should also find a firm who will remain on your case for the duration of the appeals process over a period of years. Be wary of companies that assist you in the initial phases of your case and then go away.
A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, educational benefits or veterans disability attorney unemployment benefits.
Achieving a Higher Rating
It is possible that your disability gets worse or your symptoms become more severe. In that situation it's logical to request an increase in your rating. A lawyer for veterans can help with that process, and can help you find evidence to support your request.
It's not unusual for the VA to make mistakes that lead to an lower disability rating than you deserve. It's recommended to consult an expert to examine your records for any errors. They may have missed an injury or neglected to mention the issue that could be coupled with another disability to receive a higher rating.
Even if it's been more than one year since the initial rating decision, you still can file a higher-level review or supplemental claim. These can include a review of your entire file, which can result in modifications to your effective date as well as an updated rating that is more true to the feelings you have.
If you believe you deserve a rating of 100 percent or higher, you should consider seeking a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most serious disabilities. For example mental health issues might qualify you for 100% disability ratings because it could cause significant interference with employment or frequent periods of hospitalization that don't typically trigger this kind of a rating for a cardiovascular disease or other medical problems.
Getting help with the Appeals Process
Contrary to what some may believe that denying a disability claim by the VA is not the end of a person's chances to collect benefits. Former service members have one year to appeal an outcome that is not favorable.
An experienced veterans disability attorney can assist a vet in determining which of the three options for appeal would be the most appropriate for his situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer that the previous decision was not right. They can provide a veteran an extra formal hearing before a Veterans Law judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim needs. They also have extensive experience handling VA disability claims and know the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This can result in a unique type of empathy which can help improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for veterans disability attorney free to determine if we are able to help you. Contact us today for your free assessment.
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