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15 Reasons To Not Overlook Veterans Disability Law

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Virgie Lytle 24-08-08 00:43 view114 Comment0

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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From collecting medical and service proof to filing an appeal against an appeal denied.

Select a veteran disability lawyer who specializes in these cases and is familiar with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it's proven that your condition is directly related to your military service. This is known as a "nexus. You can use a variety of evidence to prove this connection. These include medical records, independent health examinations (IME) or a an nexus note from current health care providers (especially in the cases of mental health issues). Sometimes, veterans have medically determined disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and present evidence that is backed up by unbiased experts.

It is simpler to prove the direct connection between your service and injuries or illnesses that occurred while in the military. For instance, if you were hit in the head while serving and are now suffering from concussions and headaches, there is a strong connection between the two events and your current condition.

However, it's more difficult to be connected if you have an existing medical condition that grew worse when you were in the military. To prove that your time in the military aggravated or worsened a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undisputed".

Appealing to a Denial

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA will usually issue a decision approving or denying benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A lawyer for veterans' disability can assist the applicant navigate the three review options which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience and the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make things easier for you and lessen the need to describe your experiences and experiences in a layman's way.

You also want a firm that will continue to 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 claim and then vanish.

A seasoned New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also assist you in obtaining you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.

Achieving a Higher Rating

It may happen that your disability becomes worse or your symptoms become more severe. In that case it's sensible to ask for an increase in your rating. A veteran disability lawyer can assist you in this process and help you gather evidence to support your claim.

It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled. Whether they accidentally miss an injury that you suffer from or overlook a problem which could be linked to other disabilities in order to get a higher rating it's important to have an expert review your records to identify any errors.

Even when it's been over one year since the initial rating decision, you have the option of filing an additional review or claim. These include a review of your entire record, which may result in changes 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 higher-level review if you're trying to argue that you're entitled to a disability rate of 100 percent or greater. A disability lawyer can help you develop a compelling argument for this type of rating, which is reserved for very debilitating disabilities. A mental health problem for instance, might qualify you for a 100 percent disability rating because it can hinder employment or result in frequent hospitalizations that are not typically triggering this level for a heart problem or other medical conditions.

Help with the Appeals Process

Despite what some people may think that denying an appeal for disability by the VA is not the end of an individual's chances to receive benefits. Former service members have one year to appeal any decision that isn't favorable.

An experienced attorney for veterans can assist a veteran in determining which of the three options for appeal is best for his case. They can also help veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can even provide veterans with a formal hearing before a veterans disability lawyers Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim deserves. They are also likely to have extensive experience handling VA disability claims and are aware of the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This can result in a unique kind of empathy that can improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us today to arrange an appointment for a free evaluation.

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