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10 Things Everyone Hates About Veterans Disability Law

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Quincy 24-06-23 21:45 view117 Comment0

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Veterans Disability Lawyers

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

Select a veteran disability attorney that is solely dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits when it can be confirmed that your illness is related to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the situation of mental health conditions). Sometimes, veterans Disability Law firms have medically determined disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed up by independent experts.

It is simpler to establish a direct connection when injuries or illnesses occurred while you served in the military. For example, if you were hit in the head during your time in service and you are suffering from concussions and headaches, there is a clear connection between those events and the current condition you are suffering from.

It is difficult to be service-connected if you had a pre-existing condition that worsened during your military service. To prove that your time in service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical evidence. It typically issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to submit a notice of disagreement. A lawyer for veterans' disabilities can assist the applicant navigate the three possible review options -- the supplemental claim, the higher-level review, or a direct appeal to the Board of veterans disability law firms' Appeals.

When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they understand your military experience and the army's culture. This will make the process more relaxed and less requiring you to talk about your experiences and situations in plain language.

You want a company that will be working on your case throughout the lengthy appeals procedure. Be wary of firms that only assist you with the initial stages of your case, and then disappear.

An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.

Getting a Higher Rating

It may happen that your disability gets worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in your rating. A lawyer for veterans can help with that process, and can assist you in finding evidence to back your request.

It's not uncommon for the VA make mistakes, which can result in a lower rating than you deserve. It's worth contacting a professional to check your records for errors. They may have missed an injury or neglected to mention an issue that could be combined with another condition to get an improved rating.

Even if it's been more than one year since the initial rating decision, you have the option of filing an additional review or claim. These require a complete review of your dossier and may result in a change to your effective date or an updated rating that is more accurate to what you really feel.

It's also worth pursuing an additional claim or a higher-level review if you believe you are entitled to a disability rating of 100 percent or greater. An attorney for disability can help you put together a compelling argument for this kind of rating, that is reserved for those with debilitating disabilities. A mental illness such as depression, for instance, could qualify you for a 100% rating of disability because it can interfere with employment or result in frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what some believe, an VA denial of disability benefits does not mean that an individual is not eligible for benefits. In fact, a former soldier is given one year from the date their local veterans hospital or office mails them a negative decision to appeal.

A skilled veteran disability lawyer can assist a veteran to determine which of the three current ways to appeal is most appropriate for their particular situation. They can also assist veterans put all the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an extra formal hearing before a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They also have extensive experience managing VA disability claims, and they are aware of the rules and procedures completely. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This creates an unique type of empathy that can sometimes make a difference in the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Contact us today to set up an evaluation for free.

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