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20 Fun Facts About Veterans Disability Law

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Cindi Shute 24-06-14 16:47 view196 Comment0

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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From collecting medical and service proof to submitting an appeal of the denial of your claim.

Choose a veteran disability attorney who specializes in these cases and is familiar with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only grant disability benefits if it can be established that your condition is linked to your military experience. This is referred to as connection. There are different types of evidence you could prove this connection, such as medical records, independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are times that veterans suffer from medically-determined disabilities, but they cannot be considered service-connected due to the absence of or insufficient records. These cases require the help of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is backed up by experts who are independent.

It is easier to prove a direct service connection when illnesses or injuries occurred while you served in the military. For instance, if were struck in the head in the course of your service and suffer headaches and concussions, there is a direct link between the two events and the current condition you are suffering from.

It is difficult to be service-connected if there was an existing condition that got worse during your military service. To prove that your military service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and irrefutable" evidence.

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical proof. It usually issues a ruling which either approves or denies benefits. If the decision is not in favor the veteran is given one year to file a Notice of Disparagement. A veterans disability lawyer can assist the applicant navigate the three decision review options which include an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Be sure to think about whether they are familiar with 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 circumstances in plain English.

You should also find a firm who will continue to work on your case for the entire appeals process of several years. Be wary of companies that assist you with the initial stages of your claim, and then vanish.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, file an official hearing, and represent you in any Board meetings to ensure that your case will be handled in a fair and fair manner. They can also assist you to win your benefits, such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Earning a higher rating

It could be that your disability gets worse or your symptoms get more severe. In that situation it is sensible to ask for an increase in your rating. A veterans disability lawyer can assist with this process, and can assist you in finding evidence to justify your request.

It's not uncommon to see the VA to make mistakes that result in a lower rating than you deserve. It's recommended to consult a professional to check your records for mistakes. They could have missed an injury or missed an issue that could be in conjunction with another condition to get an even higher rating.

You are still able to make a higher-level claim, or review if you've been assessed for more than a calendar year. This includes a review of your entire dossier, which could result in modifications to the effective date of your claim and a new rating that is more corresponding to the feelings you have.

It's also worth seeking an additional claim or a more thorough review if you're entitled to a disability grade of 100 percent or higher. A disability lawyer can help you create a compelling case for this rating that is reserved for the most debilitating of disabilities. For example mental health issues could be a reason to get a 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that do not normally trigger this type of the rating for a heart disease or other medical problems.

Getting Help with the Appeals Process

Contrary to what some believe, a VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. Former service members have a year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current ways to appeal is best for their case. They can also help an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can give a veteran a more formal hearing in before a Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim requires. They are also likely to have a vast experience dealing with VA disability claims, and they know the rules and procedures in and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates an unique type of empathy that can sometimes help improve the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today for your free evaluation.

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