20 Tips To Help You Be More Efficient With 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 evidence to filing an appeal against a denied claim.
Select a veteran disability lawyer who is specialized in these cases and is well-versed with the VA system. 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 is connected to your military service. This is called a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the situation of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but are unable to be considered to be service-connected due insufficient or missing records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.
It is easier to prove a direct connection when illnesses or injuries occurred while you served in the military. If you were injured in the military and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
It is a lot more difficult to become connected to the military if you suffered from an existing condition that deteriorated during your military service. To prove that your service time caused or aggravated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denied Application
After filing an application and providing medical evidence, the VA will review the application. The VA will typically issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability lawyer can help the claimant navigate the three possible review options which include an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer Make sure you consider whether they can understand your military background and traditions of the armed forces. This can help you feel more comfortable and less demanding for you to explain your experiences and situations in plain language.
You want a company that will take on your case through the lengthy appeals procedure. Be wary about firms that help you with 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 assist you in submitting more medical evidence, ask for an official hearing and represent you at any Board meetings to ensure your case will be handled without prejudice. They can also assist you in obtaining you benefits like financial compensations, aid and attendance benefits, veterans disability lawyers education benefits, or even unemployment.
Earning a higher rating
There may come a time when your disability gets worse, or your symptoms get broader or more challenging. In that situation it's logical to ask for a higher rating. A veterans disability lawyer can help with that process, and help you dig up evidence to prove your claim.
It's not uncommon for the VA to make mistakes that result in a lower disability rating than you deserve. If they miss an injury you've suffered or overlook a problem that could be a combination of other disabilities to receive an improved rating, it's worth having a professional look over your records to identify any mistakes.
You may still file a higher-level claim and review if you have been rated for more than a calendar year. This could include a thorough review of your entire file, which can result in modifications to the effective date of your claim and a new rating that is more corresponding to your feelings.
It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. An attorney for disability can help you develop an argument that supports this type of rating, which is reserved for very debilitating disabilities. A mental health problem like this one, for instance, may be a reason to get a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations that don't normally trigger this level of severity for a heart problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what some may believe, an VA denial of disability benefits does not mean that a person has no chance of recovering benefits. Former veterans have one year to appeal a decision that is not favorable.
An experienced veteran disability attorney can help a vet determine which of the three options for appeal is best for his particular situation. They can also help veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They can also provide a veteran with an additional formal hearing front of a Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim needs. They also have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures inside out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a distinct type of empathy that can sometimes make a difference in the outcome of a case involving a disabled veteran.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claim for free to determine if we can assist you. Contact us today to arrange your free assessment.
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against a denied claim.
Select a veteran disability lawyer who is specialized in these cases and is well-versed with the VA system. 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 is connected to your military service. This is called a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the situation of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but are unable to be considered to be service-connected due insufficient or missing records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.
It is easier to prove a direct connection when illnesses or injuries occurred while you served in the military. If you were injured in the military and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
It is a lot more difficult to become connected to the military if you suffered from an existing condition that deteriorated during your military service. To prove that your service time caused or aggravated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denied Application
After filing an application and providing medical evidence, the VA will review the application. The VA will typically issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability lawyer can help the claimant navigate the three possible review options which include an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer Make sure you consider whether they can understand your military background and traditions of the armed forces. This can help you feel more comfortable and less demanding for you to explain your experiences and situations in plain language.
You want a company that will take on your case through the lengthy appeals procedure. Be wary about firms that help you with 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 assist you in submitting more medical evidence, ask for an official hearing and represent you at any Board meetings to ensure your case will be handled without prejudice. They can also assist you in obtaining you benefits like financial compensations, aid and attendance benefits, veterans disability lawyers education benefits, or even unemployment.
Earning a higher rating
There may come a time when your disability gets worse, or your symptoms get broader or more challenging. In that situation it's logical to ask for a higher rating. A veterans disability lawyer can help with that process, and help you dig up evidence to prove your claim.
It's not uncommon for the VA to make mistakes that result in a lower disability rating than you deserve. If they miss an injury you've suffered or overlook a problem that could be a combination of other disabilities to receive an improved rating, it's worth having a professional look over your records to identify any mistakes.
You may still file a higher-level claim and review if you have been rated for more than a calendar year. This could include a thorough review of your entire file, which can result in modifications to the effective date of your claim and a new rating that is more corresponding to your feelings.
It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. An attorney for disability can help you develop an argument that supports this type of rating, which is reserved for very debilitating disabilities. A mental health problem like this one, for instance, may be a reason to get a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations that don't normally trigger this level of severity for a heart problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what some may believe, an VA denial of disability benefits does not mean that a person has no chance of recovering benefits. Former veterans have one year to appeal a decision that is not favorable.
An experienced veteran disability attorney can help a vet determine which of the three options for appeal is best for his particular situation. They can also help veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They can also provide a veteran with an additional formal hearing front of a Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim needs. They also have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures inside out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a distinct type of empathy that can sometimes make a difference in the outcome of a case involving a disabled veteran.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claim for free to determine if we can assist you. Contact us today to arrange your free assessment.
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