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10 Myths Your Boss Is Spreading Regarding Veterans Disability Law

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Ramona 24-06-18 21:06 view218 Comment0

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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.

Select a veteran disability lawyer 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 if it's established that your condition is directly related to your military service. This is referred to as a relationship. You can use a variety of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus letter from your current healthcare providers (especially in the case of mental health conditions). 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 help of skilled New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by experts who are independent.

It is easier to prove that there is a direct connection to your service for injuries or illnesses which occurred while in the military. If you have been injured in the military and now suffer from headaches or concussions, it's easier to prove a direct service connection.

However, it is more difficult to get service connected if you have an existing medical condition that got worse while in the military. To prove that your service time aggravated or worsened a pre-existing medical condition, you'll need to present medical evidence that is "clear and undisputed".

Appealing an Denial

After filing an application and providing medical evidence, the VA will examine the case. The VA will typically issue a decision approving or denying benefits. If the decision is not in favor the veteran is given one year to make a notice of disagreement. A veterans disability lawyer (moden126.mireene.Com) can help the claimant navigate the three decision review options including a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Take into consideration whether they understand your military experiences and the military's culture. This can help you feel more comfortable and eliminate the need for you to explain your experience and situations in layman's terms.

You want a firm who will work on your case throughout the lengthy appeals procedure. Beware of firms who only assist you in the initial phases of your claim and then vanish.

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 additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, educational benefits, or even unemployment.

Getting a Higher Rating

It could be that your disability becomes worse or your symptoms are more severe. It makes sense in this situation to ask for a higher rating. A veterans disability lawyer can assist in that procedure, and assist you in finding evidence to back your request.

It's not unusual to see the VA to make mistakes that result in being awarded a lower rating than what you deserve. If they overlook an injury that you suffer from or ignore a condition that could be combined with other disabilities to get a higher rating, it's worth having an expert look over your records to find any mistakes.

You may still submit a higher-level claim or review if you've been evaluated for more than a calendar year. These involve a full review of your file, and could result in the change of your effective date or an entirely new rating that's more accurate to how you feel.

If you believe you deserve a rating of 100 percent or more, it's worth seeking a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is only available for the most debilitating disabilities. For instance, a mental health condition might qualify you for a 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't usually trigger this level of an assessment for a cardiovascular disease or other medical problems.

Need help with the Appeals Process

Despite what some people may think that denying a disability claim by the VA isn't the end of a person's chances to get benefits. Former service members have a year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three pathways for appealing would be most appropriate for their particular situation. They can also assist with gathering the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can give a veteran an extra formal hearing before a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They are also likely to have a vast experience dealing with VA disability claims and know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique type of empathy that can sometimes make a difference in the outcome of a veterans disability law firms disability case.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims free of charge to determine if we can help you. Contact us today for your complimentary evaluation.

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