An Easy-To-Follow Guide To Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal against a denied claim.
Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you prove that the condition is connected to your military service. This is known as a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is supported by experts who are impartial.
It is simpler to establish a direct connection when illnesses or injuries occurred while you served in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it is easier to prove a direct service connection.
It is harder to get connected to the military if you suffered from a pre-existing condition that worsened during your military service. In order to prove that your military service worsened or aggravated an existing medical condition, you must supply expert medical evidence that is at the level of "clear and unmistakable" evidence.
Appealing a denied application
After filing an application and providing medical evidence The VA will examine the case. The VA usually issues an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has one year to make a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This will make it easier for you and lessen the requirement to explain your situation and experiences in layman's language.
You also want a firm that will work on your case throughout the entire appeals process of several years. Be wary of firms that assist you in the first stages of your claim, and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, file an official hearing and veterans disability attorney represent you in any Board meetings to ensure your case will be dealt with fairly. They can also help you win you benefits such as monetary compensations, aid and attendance benefits, education benefits, or even unemployment.
Receiving a Better Rating
It may happen that your disability becomes worse or your symptoms become more severe. In that situation it's logical to seek a higher rating. A lawyer for veterans can assist in that process, and can help you find evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. It's a good idea to hire an expert to review your records for any errors. They may have missed an injury or omitted an issue that could be combined with another disability to earn an increase in rating.
Even even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. This could include a thorough review of your entire file, which could result in changes to your effective date, as well as a new rating more accurate to what you feel.
If you believe you deserve a rating of 100 percent, or higher, you should consider requesting a supplemental claim. A disability lawyer can help develop a compelling argument for this rating that is reserved for the most debilitating disabilities. For example, a mental health condition could be a reason to get 100% disability ratings due to the fact that it causes significant disruption to your work or frequent periods of hospitalization. These don't usually trigger this level of the rating for a heart condition or other medical problem.
Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, an VA denial of disability benefits doesn't 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 veterans disability lawyer disability attorney can assist a vet in determining which of the current three pathways for appeal is the best option for his situation. They can also assist an individual vet put the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They can even assist veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have a lot of experience in handling VA disability claims, and they understand the rules and procedure inside and out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This creates an unique type of empathy, which can make a difference in the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us today for your complimentary evaluation.
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal against a denied claim.
Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you prove that the condition is connected to your military service. This is known as a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is supported by experts who are impartial.
It is simpler to establish a direct connection when illnesses or injuries occurred while you served in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it is easier to prove a direct service connection.
It is harder to get connected to the military if you suffered from a pre-existing condition that worsened during your military service. In order to prove that your military service worsened or aggravated an existing medical condition, you must supply expert medical evidence that is at the level of "clear and unmistakable" evidence.
Appealing a denied application
After filing an application and providing medical evidence The VA will examine the case. The VA usually issues an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has one year to make a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This will make it easier for you and lessen the requirement to explain your situation and experiences in layman's language.
You also want a firm that will work on your case throughout the entire appeals process of several years. Be wary of firms that assist you in the first stages of your claim, and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, file an official hearing and veterans disability attorney represent you in any Board meetings to ensure your case will be dealt with fairly. They can also help you win you benefits such as monetary compensations, aid and attendance benefits, education benefits, or even unemployment.
Receiving a Better Rating
It may happen that your disability becomes worse or your symptoms become more severe. In that situation it's logical to seek a higher rating. A lawyer for veterans can assist in that process, and can help you find evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. It's a good idea to hire an expert to review your records for any errors. They may have missed an injury or omitted an issue that could be combined with another disability to earn an increase in rating.
Even even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. This could include a thorough review of your entire file, which could result in changes to your effective date, as well as a new rating more accurate to what you feel.
If you believe you deserve a rating of 100 percent, or higher, you should consider requesting a supplemental claim. A disability lawyer can help develop a compelling argument for this rating that is reserved for the most debilitating disabilities. For example, a mental health condition could be a reason to get 100% disability ratings due to the fact that it causes significant disruption to your work or frequent periods of hospitalization. These don't usually trigger this level of the rating for a heart condition or other medical problem.
Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, an VA denial of disability benefits doesn't 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 veterans disability lawyer disability attorney can assist a vet in determining which of the current three pathways for appeal is the best option for his situation. They can also assist an individual vet put the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They can even assist veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have a lot of experience in handling VA disability claims, and they understand the rules and procedure inside and out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This creates an unique type of empathy, which can make a difference in the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us today for your complimentary evaluation.
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