A Step-By-Step Guide To Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Choose a veterans disability attorney who is specialized in handling these cases and knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it's confirmed that your illness is linked to your military experience. This is known as a nexus. There are a variety of evidence that you could demonstrate this connection, including medical records or independent medical exams (IME), and letters from current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed by unbiased experts.
It is easier to prove the direct connection between your service and injuries or illnesses which occurred while in the military. If you have been injured in the military and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.
It is more difficult to be connected to a service if you have a pre-existing condition that worsened during your military service. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA will typically issue an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has a year to submit a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experiences and the military's culture. This will make the process more comfortable and less demanding for you to talk about your experiences and circumstances in plain English.
You also want a firm that will work on your case throughout the entire multi-year appeals process. Beware of companies that will only help you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, file an official hearing, and also represent you at any Board meetings to ensure that your case is handled without prejudice. They can also assist you to win your benefits, including monetary compensation, aid and attendance, education benefits or unemployability benefits.
Receiving a Better Rating
It could happen that your disability gets worse or your symptoms are more severe. In that situation, it makes sense to seek an increase in your rating. A veteran disability lawyer can assist you with this process and veterans disability Attorney help you gather evidence to support your claim.
It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled. It's worth contacting an expert to examine your records for mistakes. They may have missed an injury or omitted the issue that could be combined with another disability to get an improved rating.
Even the fact that it's been more a year since your initial rating decision, you can file a higher-level review or supplemental claim. These include a review of your entire file which could result in changes to your effective date and an updated rating that is more true to the feelings you have.
It's also worth seeking an additional claim or a higher-level review if you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help you create a convincing argument for this kind of rating, which is reserved only for debilitating disabilities. A mental health problem for instance, might qualify you for a 100 percentage disability rating since it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or any other medical condition.
Helping with the Appeals Process
Contrary to what some may believe the denial of an application for disability benefits by the VA isn't the end of an individual's chances to get benefits. Former military personnel have a year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can assist a veteran in determining which of the current three appeal options is best for his situation. They can also assist with gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They can even provide veterans with a formal hearing before an Veterans Law Judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They are also likely to have a wealth of experience in handling VA disability claims and are aware of the rules and veterans disability attorney procedures in and out. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This can lead to a particular kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claim for free to determine if we can help you. Call us now to schedule an evaluation for free.
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Choose a veterans disability attorney who is specialized in handling these cases and knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it's confirmed that your illness is linked to your military experience. This is known as a nexus. There are a variety of evidence that you could demonstrate this connection, including medical records or independent medical exams (IME), and letters from current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed by unbiased experts.
It is easier to prove the direct connection between your service and injuries or illnesses which occurred while in the military. If you have been injured in the military and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.
It is more difficult to be connected to a service if you have a pre-existing condition that worsened during your military service. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA will typically issue an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has a year to submit a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experiences and the military's culture. This will make the process more comfortable and less demanding for you to talk about your experiences and circumstances in plain English.
You also want a firm that will work on your case throughout the entire multi-year appeals process. Beware of companies that will only help you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, file an official hearing, and also represent you at any Board meetings to ensure that your case is handled without prejudice. They can also assist you to win your benefits, including monetary compensation, aid and attendance, education benefits or unemployability benefits.
Receiving a Better Rating
It could happen that your disability gets worse or your symptoms are more severe. In that situation, it makes sense to seek an increase in your rating. A veteran disability lawyer can assist you with this process and veterans disability Attorney help you gather evidence to support your claim.
It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled. It's worth contacting an expert to examine your records for mistakes. They may have missed an injury or omitted the issue that could be combined with another disability to get an improved rating.
Even the fact that it's been more a year since your initial rating decision, you can file a higher-level review or supplemental claim. These include a review of your entire file which could result in changes to your effective date and an updated rating that is more true to the feelings you have.
It's also worth seeking an additional claim or a higher-level review if you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help you create a convincing argument for this kind of rating, which is reserved only for debilitating disabilities. A mental health problem for instance, might qualify you for a 100 percentage disability rating since it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or any other medical condition.
Helping with the Appeals Process
Contrary to what some may believe the denial of an application for disability benefits by the VA isn't the end of an individual's chances to get benefits. Former military personnel have a year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can assist a veteran in determining which of the current three appeal options is best for his situation. They can also assist with gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They can even provide veterans with a formal hearing before an Veterans Law Judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They are also likely to have a wealth of experience in handling VA disability claims and are aware of the rules and veterans disability attorney procedures in and out. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This can lead to a particular kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claim for free to determine if we can help you. Call us now to schedule an evaluation for free.
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