Veterans Disability Lawyers (
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A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can assist you through the entire claims process.
Choose a lawyer for veterans who focuses their practice on handling these cases and knows the VA's system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you prove that the condition you have is linked to your military service. This is called a nexus. There are various types of evidence you can prove the connection, including medical records, independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is supported by experts who are impartial.
It is much easier to establish direct service connection for injuries or illnesses that occurred while you were in the military. For instance, if you were struck in the head while serving and are now suffering headaches and concussions,
Veterans Disability lawyers there is a clear connection between these events and your current health condition.
It is a lot more difficult to become connected to a service if you have an existing condition that got worse during your military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".
Appealing an Denial
After submitting an application and providing medical evidence, the VA will review the application. The VA typically issues a decision approving or denying benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disparagement. A disability attorney for veterans can help the claimant navigate through the three decision review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When choosing when choosing a New York
veterans disability lawyer Be sure to think about whether they have a good understanding of your military experiences and the army's culture. This can make the process more enjoyable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.
You want a company that will handle your case throughout the lengthy appeals procedure. Be wary of firms that assist you in the first phases of your case and then disappear.
A seasoned New York veterans' disability lawyer can assist you in all phases of the claim and appeals. They can assist you in submitting more medical evidence, file an official hearing and assist you at any Board sessions to ensure that your case will be handled fairly. They can also assist you in obtaining you benefits, such as financial compensations, aid and attendance benefits, educational benefits, or even unemployment.
How do I obtain a higher rating
There could be a point where your disability gets more severe or your symptoms become more complex or broader. It is logical in this situation to ask for
veterans Disability Lawyers an increase in your rating. A veteran disability lawyer can help you with this process and help you gather evidence to prove your claim.
It's not unusual to see the VA to make mistakes that result in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury or miss a condition that could be a combination of other disabilities to earn an increase in rating It's a good idea to have an expert review your records to look for errors.
Even when it's been over one year since you made your initial rating decision, you still have the option of filing an additional review or claim. This could include a thorough review of your entire file, which may result in changes to the effective date of your claim and a new rating that is more corresponding to your personal feelings.
If you believe you deserve an assessment of 100 percent or more, it's worth making a claim for supplemental benefits. A disability attorney can help you create a convincing argument for this type of rating, which is reserved for extremely debilitating disabilities. For example the mental health issue could be a reason to get an 100% disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of an assessment for a cardiovascular disease or other medical problems.
Assistance with the Appeals Process
Contrary what some believe the fact that an VA denial of disability benefits does not mean that the person is not eligible for benefits. Former service members have a year to appeal a decision that is not favorable.
An experienced
veterans disability lawyer can help a veteran decide which of the three current appeals options is best for their case. They can also help with gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.
The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim demands. They also have a lot of experience in dealing with VA disability claims, and they are aware of the rules and procedure inside and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This creates an unique type of empathy that may improve the outcomes of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to set up your free assessment.