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A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Choose a veteran disability lawyer that is experienced in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits only if you prove that the condition you have is a result of your military service. This is known as a nexus. You can use a variety of evidence to prove the connection. These include medical records, independent health exams (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health problems). There are instances that veterans suffer from medically-determined disabilities, but cannot be considered service connected due to incomplete or omitted documents. These cases require the assistance of skilled New York disability lawyers who know how to present a complete claim and present evidence that is confirmed by experts who are impartial.
It is simpler to prove an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you suffered injuries during your military service and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.
However, it is more difficult to be connected if you have an existing medical condition that became worse while you were in the military. To prove that your military service worsened or aggravated a pre-existing illness you must provide a doctor's medical evidence that rises to the level of "clear and irrefutable" evidence.
Appealing a Denial
The VA will review your application after you have submitted your application and submitted medical evidence. The VA will typically issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran is given a year to submit a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options -- an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences and the tradition of the armed services when selecting a New York veterans disability lawyers' disability lawyer. This can make it easier for you and lessen the necessity to explain your circumstances and experiences in layman's terms.
You also need a company who will remain on your case for the entire multi-year appeals process. Be wary of companies that assist you in the initial phases of your case and then vanish.
An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. 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 in a fair manner. They can also help win you benefits such as financial compensations, aid and attendance benefits, education benefits, or unemployment.
How can you get a better rating
It is possible that your disability gets worse or your symptoms become more severe. In this case it is sensible to ask for an increase in your rating. A veterans disability lawyer can assist in that process, and assist you in locating evidence to back your request.
It's not common for the VA to make mistakes that lead to an lower disability rating than you deserve. It's worth getting a professional to check your records for mistakes. They may have overlooked an injury or neglected to mention the issue that could be coupled with another disability to get an increase in rating.
Even the fact that it's been more one year since your initial rating decision, you still can file an additional review or claim. These involve a full review of your dossier and may result in a change to your effective date or an updated rating that is more in line with how you feel.
If you believe you deserve an assessment of 100 percent, or higher, it's worth requesting a supplemental claim. A disability attorney can help you develop a convincing argument for this kind of rating, which is reserved for very serious disabilities. For example the mental health issue could be a reason to get a 100% disability rating because it can cause a significant interruption to work or periods of hospitalization that do not normally trigger such the rating for a heart disease or other medical issue.
Getting Help with the Appeals Process
Despite what some believe, the denial of claims for disability by the VA is not the end of an individual's chance to receive benefits. In fact, a former servicemember can wait one year from date that the local veteran's hospital or office mails them a denial to file an appeal.
An experienced veterans disability lawyer can assist a veteran to determine which of the three current appeals options is the best option for their situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention your claim requires. They also have a lot of experience in managing VA disability claims, and they understand the rules and procedure inside out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This can result in a unique kind of empathy that can sometimes 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. Contact us today to arrange your complimentary evaluation.
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