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A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal against an appeal denied.
Select a veteran disability attorney who is specialized in these kinds of cases and is acquainted 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 it is proven that your condition is related to your military service. This is known as a nexus. You can use different types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or nexus letter from current health care providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and submit evidence that is supported by independent experts.
It is simpler to prove a direct connection if injuries or illnesses were sustained while serving in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it is easier to prove a direct service connection.
However, it is more difficult to get connected if you have an existing medical condition that became worse when you were in the military. To prove that your time in military service worsened or aggravated an existing illness You must present expert medical evidence that is at the level of "clear and unmistakable" evidence.
Appealing a Denied Application
After submitting an application and providing medical evidence after which the VA will review the case. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has a year to submit a notice of disagreement. A disability lawyer for veterans can assist the applicant navigate the three options for review which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experiences and the military's culture. This can help you feel more comfortable and eliminate the need for you to describe your experiences and situations in plain language.
You also need a company that will work on your case for the entire appeals process of several years. Be wary of firms that only help you with the initial stages of your case, and then disappear.
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 or request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you win your benefits, including monetary compensation, aid and attendance, educational benefits or unemployment benefits.
How do I obtain a higher rating
There may be a point where your disability gets more severe or your symptoms become broader or more challenging. In this case, it makes sense to request a higher rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to back your claim.
It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled. In the event that they fail to notice an injury you've suffered or overlook a problem that could be combined with other disabilities to receive higher ratings it's important to have an expert look over your records to look for mistakes.
Even if it's been more than one year since you made your initial rating decision, you still have the option of filing an additional review or claim. This includes a review of your entire dossier, which may result in changes to the effective date of your claim and an updated rating that is more true to what you feel.
It's also advisable to file an additional claim or a more thorough review if you believe you're entitled to a disability rate of 100 percent or higher. An attorney for disability can help you create a convincing argument for this kind of rating, that is reserved for those with severe disabilities. A mental illness for instance, might allow you to receive a 100 percent disability rating because it could hinder your employment or result in frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or other medical issues.
Need help with the Appeals Process
Contrary to what some may think that denial of an appeal for disability by the VA is not the end of an individual's chance to recover benefits. Former military personnel have a year to appeal an outcome that is not favorable.
A skilled veteran disability lawyer can help a veteran determine which of the three current ways to appeal is most appropriate for their particular situation. They can also assist an individual vet put all the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an extra formal hearing before an Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have extensive experience managing VA disability claims, and they are aware of the rules and procedures completely. Some attorneys are veterans disability lawyers, so they know the challenges faced by disabled veterans. This can create a special 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 can assist you. Call us today to set up your free assessment.
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