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 submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Choose a veterans disability attorney who focuses their practice on handling these cases and knows 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 approve disability benefits only if you prove that the condition you have is related to your military service. This is known as a "nexus. There are various types of evidence you can prove the connection, including medical records and independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present a complete claim and submit evidence that is supported by experts who are independent.
It is much easier to establish the direct connection between your service and injuries or illnesses which occurred while in the military. If you suffered injuries during your military service and now suffer from headaches or concussions, it's easier to prove a direct service connection.
It is difficult to be connected to a service if you have an existing condition that got worse while you were in military service. To prove that your service aggravated or made worse an existing medical condition it is necessary to provide expert medical evidence that is at the level of "clear and irrefutable" evidence.
Appealing a Denial
After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will examine the case. The VA will usually issue an approval or denial of benefits. If the decision is unfavorable the veteran is given one year to submit a Notice of Disagreement. A lawyer for veterans' disability can assist the claimant through the three decision review options that include an additional claim, a 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 experiences as well as the military's culture when selecting a New York veterans' disability lawyer. This will make the process more comfortable and less requiring you to talk about your experiences and situations in plain language.
You also want a firm that will work on your case throughout the entire appeals process of several years. Be wary about firms that help you with the initial stages of your claim and then go away.
An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit 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 assist you to obtain benefits including monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Receiving a Better Rating
There might come a time where your disability gets more severe, or your symptoms get more complex or broader. It makes sense in this scenario to ask for a higher rating. A lawyer for veterans can assist with this process, and can help you dig up evidence to back your request.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. In the event that they fail to notice an injury that you suffer from or ignore a condition that could be linked with other disabilities to earn a higher rating It's worthwhile to have an expert review your records to look for errors.
You may still submit a higher-level claim or review if you have been assessed for more than a calendar year. These require a complete review of your dossier and may result in an amendment to your effective date or a new rating that's more in line with how you truly feel.
It's also worth seeking a supplemental claim or higher-level review if you are entitled to a disability rating of 100 percent or greater. A disability attorney can assist you in putting together an argument that is convincing for this kind of rating, which is reserved only for debilitating disabilities. A mental health condition for instance, might allow you to receive a 100% rating of disability because it can hinder employment or result in frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or other medical issues.
Getting Help with the Appeals Process
Despite what some people may think that denying an appeal for disability by the VA isn't the end of an individual's chances to receive benefits. In fact, a former soldier can wait one year from date their local veterans hospital or office sends them an unfavorable determination to file an appeal.
An experienced attorney for veterans can help a vet determine which of the three options for appeal is best for his particular situation. They can also help veterans put all the evidence required to convince a higher level reviewer that the previous decision was incorrect. They can give a veteran an extra formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention your claim requires. They are also likely to have a wealth of experience in dealing with VA disability claims and understand the rules and procedures from top to bottom. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a distinct type of empathy, which can help improve the outcome of a veterans disability case.
Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claim for free to determine whether we can help you. Contact us today to arrange an evaluation for free.