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A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claims process.
Choose a veterans disability attorney who is specialized in handling these cases and is aware of the VA system from head to toe. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be proved that your condition is linked to your military experience. This is referred to as a linkage. You can use a variety of evidence to prove this connection. These include medical records, independent health examinations (IME), or nexus letter from current healthcare providers (especially in the case of mental health conditions). There are times when veterans suffer from medically determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and submit evidence that is backed up by independent experts.
It is easier to prove a direct connection when injuries or illnesses occurred during your time in the military. If you were injured during your military service and now suffer from headaches or concussions it is much easier to prove a direct service connection.
It is harder to get service-connected if there was 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 condition, you'll need to present medical evidence that is "clear and irrefutable".
Appealing a denied application
After filing an application and providing medical evidence, the VA will review the application. It typically issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to submit a notice of disagreement. A veterans disability lawsuits disability attorney can help the claimant navigate through the three review options - either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experience and the culture of the armed services when choosing a New York veterans' disability lawyer. This can make the process more relaxed and less requiring you to talk about your experiences and the circumstances in layman's terms.
You also need a company that will work on your case throughout the entire appeals process of several years. Beware of firms that only assist you with the initial phases of your case and then vanish.
A seasoned New York veterans' disability lawyer can assist you in every stage of your claim and appeals. They can assist you in submitting additional medical evidence, 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 assist in obtaining you benefits such as cash compensations, aid or education benefits, attendance benefits, or unemployedness.
How can I get a better rating
It is possible that your disability gets worse or your symptoms get more severe. In that situation it is sensible to ask for a higher rating. A veteran disability lawyer can help you with this process, and also help you collect evidence to support your claim.
It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled. If they miss an injury that you suffer from or overlook a problem which could be linked to other disabilities in order to get a higher rating It's worthwhile to have an expert look over your records to find any errors.
Even even if it's been more than one year since your initial rating decision, you can file an additional review or claim. This includes a review of your entire dossier, which may result in modifications to your effective date, as well as an updated rating that is more true to what you feel.
It's also worth pursuing an additional claim or veterans disability Law firms higher-level review if you are entitled to a disability rating of 100 percent or more. A disability attorney can help you put together an argument that supports this kind of rating, that is reserved for those with debilitating disabilities. For instance the mental health issue could be a reason to get an 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that do not usually trigger this level of rating for cardiovascular disease or other medical issue.
Need Help with the Appeals Process
Contrary to what some believe the fact that the fact that a VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. Former veterans have one year to appeal the decision if it is not favorable.
A skilled veterans disability lawyer can assist a veteran in determining which of the three ways to appeal is most appropriate for their particular situation. They can also assist a vet in 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 disability law firms Law Judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have a wealth of experience in dealing with VA disability claims and are aware of the rules and procedures in and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that can sometimes improve the outcomes of a case involving a disabled veteran.
Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Call us today to set up your free evaluation.
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