15 Reasons To Not Ignore Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can help you through the entire claims process.
Select a veteran disability attorney that is solely handling these cases and knows 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 if you prove that the condition you suffer from is linked to your military service. This is referred to as relationship. There are a variety of evidence you can prove the connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health issues). There are instances that veterans suffer from medically-determined disabilities, but cannot be considered to be service-connected due the absence of or insufficient records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and present evidence that is supported by experts who are impartial.
It is simpler to prove a direct service connection if injuries or illnesses were sustained while serving in the military. If you were injured during your military service and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.
It is more difficult to be service-connected if there was an existing medical condition that was worsened while you were in military service. In order to prove that your service has aggravated or worsened an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and unmistakable" proof.
Appealing a Denial
After submitting an application and providing medical evidence after which the VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is not in favor the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can assist the claimant through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience and the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make it simpler for you and decrease the necessity to explain your circumstances and experiences in layman's language.
You should also choose a firm that will work on your case for the entire appeals process of several years. Beware of firms that only assist you in the initial stages of your case, only to then go away.
An experienced New York veterans disability attorney will assist you with every stage 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 that your case is dealt with fairly. They can also help win you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployment.
How do I obtain a higher rating
There may come a time where your disability gets more severe or your symptoms become broader or more challenging. In such a case it's sensible to seek an increase in your rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to prove your claim.
It's not uncommon to see the VA to make errors, which could result in an under-rated rating than you deserve. Whether they accidentally miss an injury or ignore a condition that could be a combination of other disabilities in order to get a higher rating It's a good idea to have an expert review your records to spot any mistakes.
Even the fact that it's been more one year since the initial rating decision, you have the option of filing a higher-level review or supplemental claim. These require a complete review of your file, and could result in a change to your effective date or a new rating that's more accurate to how you truly feel.
It's also worth pursuing an additional claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or more. A disability lawyer can assist you in putting together a compelling argument for this type of rating which is reserved only for severe disabilities. For example mental health issues could be a reason to get 100% disability ratings because it could cause significant interruption to work or periods of hospitalization, which don't usually trigger this level of a rating for a cardiovascular disease or other medical issue.
Helping with the Appeals Process
Contrary to what some may believe the fact that a VA denial of disability benefits does not mean that the person is not eligible for benefits. In fact, a former servicemember has one year from the date their local veterans hospital or office sends them an unfavorable determination to file an appeal.
A skilled veterans disability attorney can help a vet determine which of the current three options for appeal would be the most appropriate for his particular case. They can also assist with gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can give 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 can provide the personalized attention your claim requires. They will also have extensive experience handling VA disability claims, and they are aware of the rules and procedure completely. In addition, some attorneys are veterans disability law firm themselves, which means that they understand the challenges disabled veterans face. This can create a special kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team highly trained lawyers will review your VA disability claims for free to determine if we are able to assist you. Call us now to schedule your free evaluation.
A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can help you through the entire claims process.
Select a veteran disability attorney that is solely handling these cases and knows 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 if you prove that the condition you suffer from is linked to your military service. This is referred to as relationship. There are a variety of evidence you can prove the connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health issues). There are instances that veterans suffer from medically-determined disabilities, but cannot be considered to be service-connected due the absence of or insufficient records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and present evidence that is supported by experts who are impartial.
It is simpler to prove a direct service connection if injuries or illnesses were sustained while serving in the military. If you were injured during your military service and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.
It is more difficult to be service-connected if there was an existing medical condition that was worsened while you were in military service. In order to prove that your service has aggravated or worsened an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and unmistakable" proof.
Appealing a Denial
After submitting an application and providing medical evidence after which the VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is not in favor the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can assist the claimant through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience and the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make it simpler for you and decrease the necessity to explain your circumstances and experiences in layman's language.
You should also choose a firm that will work on your case for the entire appeals process of several years. Beware of firms that only assist you in the initial stages of your case, only to then go away.
An experienced New York veterans disability attorney will assist you with every stage 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 that your case is dealt with fairly. They can also help win you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployment.
How do I obtain a higher rating
There may come a time where your disability gets more severe or your symptoms become broader or more challenging. In such a case it's sensible to seek an increase in your rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to prove your claim.
It's not uncommon to see the VA to make errors, which could result in an under-rated rating than you deserve. Whether they accidentally miss an injury or ignore a condition that could be a combination of other disabilities in order to get a higher rating It's a good idea to have an expert review your records to spot any mistakes.
Even the fact that it's been more one year since the initial rating decision, you have the option of filing a higher-level review or supplemental claim. These require a complete review of your file, and could result in a change to your effective date or a new rating that's more accurate to how you truly feel.
It's also worth pursuing an additional claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or more. A disability lawyer can assist you in putting together a compelling argument for this type of rating which is reserved only for severe disabilities. For example mental health issues could be a reason to get 100% disability ratings because it could cause significant interruption to work or periods of hospitalization, which don't usually trigger this level of a rating for a cardiovascular disease or other medical issue.
Helping with the Appeals Process
Contrary to what some may believe the fact that a VA denial of disability benefits does not mean that the person is not eligible for benefits. In fact, a former servicemember has one year from the date their local veterans hospital or office sends them an unfavorable determination to file an appeal.
A skilled veterans disability attorney can help a vet determine which of the current three options for appeal would be the most appropriate for his particular case. They can also assist with gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can give 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 can provide the personalized attention your claim requires. They will also have extensive experience handling VA disability claims, and they are aware of the rules and procedure completely. In addition, some attorneys are veterans disability law firm themselves, which means that they understand the challenges disabled veterans face. This can create a special kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team highly trained lawyers will review your VA disability claims for free to determine if we are able to assist you. Call us now to schedule your free evaluation.