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The Main Issue With Veterans Disability Law, And How You Can Fix It

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Devin Tuggle 24-07-06 14:09 view123 Comment0

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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can assist you throughout the entire claim process.

Choose a veteran disability lawyer who specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be established that your condition is directly related to your military service. This is called a nexus. You can make use of various types of evidence to prove this connection. These include 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). There are times when allegan veterans disability lawsuit suffer from medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the assistance of experienced 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 prove a direct service connection when injuries or illnesses occurred during your time in the military. If you were injured in the military and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

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

Appealing to a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. The VA usually issues an approval or denial of benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veteran's disability attorney can guide the claimant through the three decision review options: an additional claim or a higher-level review, or a direct appeal to the Board of mount pleasant veterans disability law firm' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This can make the process more enjoyable and less requiring you to explain your experiences and circumstances in plain English.

You'll want a firm that will work on your case throughout the lengthy appeals procedure. Be wary of companies that assist you in the initial stages of your case, only to then go away.

A seasoned New York veterans' disability attorney can help you with all phases of the claim including appeals. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you at any Board sessions to ensure that your case will be handled fairly. They can also help you claim benefits such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

How to get a higher rating

There might come a time where your disability gets more severe or your symptoms become broader or more challenging. In this case it is sensible to seek an increase in your rating. A lawyer for veterans' disability can help with that process, and they can help you dig up evidence to back your request.

It's not uncommon for the VA make mistakes, resulting in a lower rating than you deserve. If they miss an injury that you suffer from or ignore a condition which could be linked to other disabilities to get a higher rating it's important to have an expert look over your records to look for mistakes.

You are still able to submit a higher-level claim or review if you've been assessed for more than a calendar year. These require a complete review of your file. It could result in changes to your effective date or an updated rating that is more accurate to what you truly feel.

It's also worth looking into an additional claim or a higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or more. A disability lawyer can help you create a convincing argument for this type of rating that is reserved for those with severe disabilities. A mental health condition like this one, for instance, may allow you to receive a 100 percent disability rating, as it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level of severity for a heart issue or other medical condition.

Assistance with the Appeals Process

Contrary to what many people believe, the denial of an application for disability benefits by the VA is not the end of an individual's ability to get benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office sends them a negative decision to appeal.

A skilled veteran disability lawyer can help a veteran determine which of the three current appeals options is most suitable for their case. They can also assist veterans put the evidence they need to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim deserves. They also have years of experience handling VA disability claims and are aware of the rules and procedures in and out. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This can lead to a particular type of empathy which can sometimes improve the outcome of an appeal for veterans' disability.

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

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