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Why We Love Veterans Disability Law (And You Should Also!)

EmanuelLambie09 2024.05.30 03:20 조회 수 : 4

Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.

Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you suffer from is connected to your military service. This is called a nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and provide evidence that is backed up by independent experts.

It is simpler to prove a direct service connection when injuries or illnesses occurred while you served in the military. If you have been injured in the military, and now suffer from headaches and concussions, it's easier to establish a direct connection to the service.

It is a lot more difficult to become connected to a service if you have a pre-existing condition that worsened 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 present medical evidence from an expert that is "clear and undeniable".

Appealing to a Denial

After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. The VA will typically issue the decision of approving or disapproving benefits. If the decision is not in favor the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can assist the claimant through the three decision review options: a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience and the traditions of the armed forces when selecting a New York veterans' disability lawyer. This can make the process more relaxed and less requiring you to describe your experiences and the circumstances in layman's terms.

You also want a firm that will continue to work on your case for the entire appeals process of several years. Beware of companies that will only help you with the initial stages of your case, and then go away.

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 more medical evidence, file an official hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you in obtaining you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployment.

Getting a Higher Rating

There might come a time when your disability becomes more serious, or your symptoms get more difficult or wider. It is logical in this instance to seek an increase in the rating. A veterans disability lawyer can help with that process, and help you find evidence to prove your claim.

It's not unusual for Veterans Disability Attorney the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth getting an expert to review your records for any errors. They may have missed an injury or omitted a problem which could be added to another disability to receive an improved rating.

Even if it's been more than one year since your initial rating decision, you have the option of filing an additional review or claim. These include a review of your entire file, that could lead to changes to your effective date as well as the creation of a new rating that is more precise to your personal feelings.

It's also worth looking into a supplemental claim or higher-level review if you're trying to argue that you're entitled to a disability rate of 100 percent or higher. A disability lawyer can assist you to make a convincing case for this rating which is only available for the most debilitating disabilities. A mental illness for instance, might qualify you for a 100 percent disability rating because it can hinder employment or result in frequent hospitalizations that are not typically triggering this level of severity for a heart problem or other medical conditions.

Assistance with the Appeals Process

Contrary to what some may believe the denial of an appeal for disability by the VA is not the end of an individual's ability to recover benefits. Former service members have a year to appeal the decision if it is not favorable.

An experienced veterans disability attorneys disability attorney (https://s1.backlinkindex.net/Veteransdisabilityattorneys486942) can assist a veteran to determine which of the three appeals options would be the most appropriate for his particular case. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have a wealth of experience managing VA disability claims, and they know the rules and procedure completely. Some lawyers are veterans, so they know the challenges that disabled veterans face. This creates a unique kind of empathy that can help improve the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to schedule your free assessment.
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