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Undeniable Proof That You Need Veterans Disability Law

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Carlota Shearer 24-06-13 19:45 view175 Comment0

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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service evidence to filing an appeal against a denied claim A veteran disability lawyer can help you through the entire claims process.

Choose a veteran disability attorney that is experienced in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits only if you prove that the condition you have is 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 exams (IME) or a the nexus letters from current healthcare providers (especially in the cases of mental health issues). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by independent experts.

It is easier to prove a direct service connection if injuries or illnesses occurred while you served in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions there is a strong connection between the events that led to your current condition.

However, it is more difficult to get service connected if you have a pre-existing medical condition that became worse when you were in the military. To prove that your time in the military caused or aggravated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and undisputed".

Appealing a denied application

After submitting an application and submitting medical evidence The VA will examine the case. It usually makes a decision that either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A disability attorney for veterans can help the claimant navigate through the three review options - an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience and the military's culture when choosing a New York veterans' disability lawyer. This will help you feel more comfortable and less demanding for you to explain your experiences and circumstances in plain English.

You want a company that will take on your case throughout the long appeals process. Beware of firms that only assist you in the first stages of your claim, and then vanish.

A seasoned New York veterans' disability attorney can assist you at all phases of the claim and appeals. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you at any Board sessions to ensure that your case is handled without prejudice. They can also assist you to claim benefits including monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Earning a higher rating

It could happen that your disability becomes more severe or your symptoms become more severe. It makes sense in this scenario to ask for an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you collect evidence to prove your claim.

It's not unusual for the VA to make mistakes that lead to an lower disability rating than you're entitled to. It's worth getting an expert to review your records for errors. They may have overlooked an injury or left out the issue that could be combined with another condition to get an improved rating.

Even when it's been over one year since you made your initial rating decision, you can file a higher-level review or supplemental claim. These can include a review of your entire file which could result in modifications to your effective date and a new rating that is more corresponding to your feelings.

It's also worth seeking an additional claim or a more thorough review if you believe you are entitled to a disability rating that is 100 percent or more. A disability lawyer can help make a convincing case for this rating that is reserved for the most debilitating disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percentage disability rating since it could affect your job or cause frequent hospitalizations which don't normally trigger this level of a cardiovascular issue or other medical condition.

Getting help with the Appeals Process

Contrary to what some may believe the fact that the fact that a VA denial of disability benefits doesn't mean that a person is not eligible for benefits. Former veterans have one year to appeal an outcome that is not favorable.

A skilled veterans disability lawyer disability attorney can assist a vet in determining which of the current three appeals options would be best for his particular situation. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim needs. They will also have extensive experience in handling VA disability claims, and they know the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates a unique kind of empathy, which can make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to schedule your complimentary evaluation.

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