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What's Holding Back What's Holding Back The Veterans Disability Law In…

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Sybil Yokoyama 24-06-28 14:11 view147 Comment0

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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can help you through the entire claims process.

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

Proving Service Connection

The VA will only award disability benefits if they can prove that the condition is connected to your military service. This is referred to as nexus. There are many types of evidence that you could use to show this connection, including medical records, independent medical examinations (IME) and letters from 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 missing or incomplete records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by impartial experts.

It is easier to establish a direct connection when injuries or illnesses occurred while you were in the military. For instance, if were hit in the head while serving and are now suffering from concussions and headaches, there is a direct link between these events and the current condition you are suffering from.

It is difficult to be connected to the military if you suffered from an existing medical condition that was worsened during your military service. To prove that your service has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denial

After filing an application and submitting medical evidence The VA will review the case. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has a year to file a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options that include an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability attorneys disability lawyer Be sure to think about whether they have a good understanding of your military experience and culture of the armed forces. This will make it easier for you and lessen the requirement to explain your situation and experiences in layman's terms.

You want a firm who will be working on your case throughout the multi-year appeals procedure. Beware of firms that help you with the initial stages of your case, and then go away.

A seasoned 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 fairly. They can also help you obtain benefits like monetary compensation, aid and attendance, education benefits or unemployed benefits.

How to get a higher rating

There may be a point when your disability becomes more serious or your symptoms become more complicated or broad. In this case, it makes sense to seek an increase in your rating. A veterans disability lawyer can help with that process, and help you find evidence to justify your request.

It's not unusual for the VA to make mistakes that lead to an lower disability rating than you're entitled. It's a good idea to hire an expert to examine your records for any errors. They may have overlooked an injury or omitted a problem which could be in conjunction with another disability to get an even higher rating.

Even if it's been more than a year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These require a complete review of your file, and could result in changes to your effective date or an updated rating that is more accurate to how you feel.

It's also worth pursuing an additional claim or a more thorough review if you're entitled to a disability grade that is 100 percent or more. A disability lawyer can help develop a compelling argument for this rating, which is reserved only for the most debilitating disabilities. For instance the mental health issue could qualify you for an absolute disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization. These don't normally trigger this type of the rating for a heart disease or other medical issue.

Need help with the Appeals Process

Despite what some people may think, the denial of claims for disability by the VA isn't the end of an individual's ability to get benefits. Former military personnel have a year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three appeals routes is most appropriate for their particular situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can even assist veterans with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have extensive experience in handling VA disability claims, and are familiar with the rules and procedures in detail. Some attorneys are veterans, so they know the challenges that disabled veterans 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 at no cost to determine if we are able to assist you. Contact us today for your free assessment.

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