7 Things About Veterans Disability Law You'll Kick Yourself For Not Kn…
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal against a denied claim.
Choose a veteran disability attorney who is specialized in these cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be established that your condition is connected to your military service. This is referred to as connection. There are many types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but cannot be considered service-connected due to the absence of or insufficient documents. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.
It is much easier to prove that there is a direct connection to your service for illnesses or injuries that occurred while in the military. For instance, if suffered head injuries during your time in service and you are suffering headaches and concussions there is a clear connection between the events that led to your current condition.
However, it's more difficult to get service connected if you have an existing medical condition that became worse while in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and undisputed".
Appealing an Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A veterans disability lawsuits disability lawyer can assist the claimant in navigating the three decision review options which include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
When choosing the right New York veterans disability lawyer, be sure to consider whether they understand your military experience and culture of the armed forces. This can make the process more enjoyable and eliminate the need for you to explain your experiences and circumstances in plain English.
You'll want a firm that will be working on your case throughout the lengthy appeals process. Beware of companies that will only assist you with the initial stages of your claim and then vanish.
An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting 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 in obtaining you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployment.
Getting a Higher Rating
There may be a point where your disability gets more severe or your symptoms become more difficult or wider. It is logical in this situation to ask for a higher rating. A veterans disability lawyer can help with that process, and can assist you in locating evidence to back your request.
It's not common for the VA to make mistakes that lead to an lower disability rating than you deserve. If they overlook an injury you've suffered or overlook a problem that could be combined with other disabilities to get an increase in rating, it's worth having an expert look over your records to look for errors.
Even the fact that it's been more one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These are a thorough examination of your file. It could result in changes to your effective date or an updated rating that is more accurate to what you really feel.
If you believe you're entitled to a rating of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability attorney can assist you in putting together an argument that supports this kind of rating, which is reserved for very difficult to treat disabilities. For instance an illness that is mental could qualify you for an absolute disability rating because it can cause marked interference with employment or frequent periods of hospitalization that don't typically trigger this kind of the rating for a heart disease or other medical issue.
Getting Help with the Appeals Process
Contrary what some believe contrary to what many may think, a VA denial of disability benefits doesn't mean that the person is not eligible for benefits. In fact, a former military member is given one year from the date their local veterans hospital or office mails them a negative decision to appeal.
An experienced veterans disability lawyer can help a veteran decide which of the three appeals routes is most appropriate for their particular situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer the previous decision was not right. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim demands. They also have a wealth of experience dealing with VA disability claims, and they know the rules and procedure inside out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates a unique kind of empathy, which can enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to schedule an evaluation for free.
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal against a denied claim.
Choose a veteran disability attorney who is specialized in these cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be established that your condition is connected to your military service. This is referred to as connection. There are many types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but cannot be considered service-connected due to the absence of or insufficient documents. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.
It is much easier to prove that there is a direct connection to your service for illnesses or injuries that occurred while in the military. For instance, if suffered head injuries during your time in service and you are suffering headaches and concussions there is a clear connection between the events that led to your current condition.
However, it's more difficult to get service connected if you have an existing medical condition that became worse while in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and undisputed".
Appealing an Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A veterans disability lawsuits disability lawyer can assist the claimant in navigating the three decision review options which include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
When choosing the right New York veterans disability lawyer, be sure to consider whether they understand your military experience and culture of the armed forces. This can make the process more enjoyable and eliminate the need for you to explain your experiences and circumstances in plain English.
You'll want a firm that will be working on your case throughout the lengthy appeals process. Beware of companies that will only assist you with the initial stages of your claim and then vanish.
An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting 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 in obtaining you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployment.
Getting a Higher Rating
There may be a point where your disability gets more severe or your symptoms become more difficult or wider. It is logical in this situation to ask for a higher rating. A veterans disability lawyer can help with that process, and can assist you in locating evidence to back your request.
It's not common for the VA to make mistakes that lead to an lower disability rating than you deserve. If they overlook an injury you've suffered or overlook a problem that could be combined with other disabilities to get an increase in rating, it's worth having an expert look over your records to look for errors.
Even the fact that it's been more one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These are a thorough examination of your file. It could result in changes to your effective date or an updated rating that is more accurate to what you really feel.
If you believe you're entitled to a rating of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability attorney can assist you in putting together an argument that supports this kind of rating, which is reserved for very difficult to treat disabilities. For instance an illness that is mental could qualify you for an absolute disability rating because it can cause marked interference with employment or frequent periods of hospitalization that don't typically trigger this kind of the rating for a heart disease or other medical issue.
Getting Help with the Appeals Process
Contrary what some believe contrary to what many may think, a VA denial of disability benefits doesn't mean that the person is not eligible for benefits. In fact, a former military member is given one year from the date their local veterans hospital or office mails them a negative decision to appeal.
An experienced veterans disability lawyer can help a veteran decide which of the three appeals routes is most appropriate for their particular situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer the previous decision was not right. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim demands. They also have a wealth of experience dealing with VA disability claims, and they know the rules and procedure inside out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates a unique kind of empathy, which can enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to schedule an evaluation for free.