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10 Misconceptions That Your Boss May Have About Veterans Disability La…

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Vernell 24-06-29 20:27 view3 Comment0

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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can assist you throughout the entire claims process.

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

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition is linked to your military service. This is known as a linkage. You can make use of various types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the situation of mental health conditions). There are times when veterans disability lawsuit have medically determined disabilities, but they are not able to be considered to be service-connected due incomplete or omitted records. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is confirmed by experts who are independent.

It is easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For example, if you were struck in the head during service and now suffer from concussions and headaches, there is a clear link between the events that led to your current health condition.

It is more difficult to be service-connected if there was an existing medical condition that was worsened while you were in military service. To prove that your time in the military caused or aggravated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undeniable".

Appealing to a Denial

After submitting an application and submitting medical evidence The VA will examine the case. It typically issues a decision which either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three options for review which include a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience and the tradition of the armed services when choosing the New York veterans' disability lawyer. This will make the process more enjoyable and reduce the need for you to explain your experience and situations in layman's terms.

You also want a firm who will continue to work on your case for the entire duration of your appeal. Beware of firms who only assist you with the initial phases of your claim and then go away.

A seasoned New York veterans' disability attorney can assist you at all phases of the claim and appeals. 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 treated fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, education benefits, or unemployment benefits.

How can I get a better rating

It could be that your disability gets worse or your symptoms are more severe. In that case it's logical to seek a higher rating. A veteran disability lawyer can assist you in this process and assist you to gather evidence to support your claim.

It's not common for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. If they overlook an injury that you suffer from or miss a condition that could be a combination of other disabilities to receive an improved rating, it's worth having an expert look over your records to identify any mistakes.

You can still make a higher-level claim, or review if you've been rated for more than a calendar year. These can include a review of your entire record, which could result in modifications to your effective date, as well as a new rating that is more corresponding to your personal feelings.

It's also advisable to file a supplemental claim or higher-level review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help create a compelling case for this rating which is reserved for the most debilitating disabilities. For example mental health issues could be a reason to get a 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that don't normally trigger this type of rating for cardiovascular condition or other medical problem.

Assistance with the Appeals Process

Contrary to what many believe the fact that a VA denial of disability benefits does not mean that a person is not eligible for benefits. In fact, a former veteran can wait one year from date the local veterans' hospital or office sends them an unfavorable determination to file an appeal.

A skilled veteran disability lawyer can assist a veteran in determining which of the three ways to appeal is most appropriate for their particular situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even assist a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have a wealth of experience in handling VA disability claims, and they are aware of the rules and procedure completely. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This can lead to a particular type of empathy which can help improve the outcome of an appeal for veterans' disability.

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

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