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A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and veterans disability Lawyer service proof to filing an appeal on a denied claim, Veterans disability lawyer a veteran disability lawyer can assist you throughout the claims process.
Select a veteran disability lawyer who specializes in these cases and is well-versed with the VA system. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be established that your condition is connected to your military service. This is known as a "nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus note from current health care providers (especially in the cases of mental health issues). There are occasions when veterans have medically determined disabilities, but are unable to be considered service connected due to missing or incomplete documents. 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 by independent experts.
It is much easier to establish 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's much easier to prove a direct service connection.
It is more difficult to be connected to the military if you suffered from an existing medical condition that was worsened during your military service. To prove that your time in the military aggravated or worsened a pre-existing condition, you'll need to present medical evidence that is "clear and irrefutable".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to make a formal complaint. A veterans disability lawyer can assist the claimant in navigating the three decision review options that include an additional claim, a more extensive 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 understand your military experience and the culture of the armed forces. This can make it easier for you and reduce the need to explain your situations and experiences in layman's language.
You also need a company who will remain on your case for the entire multi-year appeals process. Be wary about firms that assist you with the initial stages of your claim and then disappear.
An experienced New York veterans' disability lawyer can assist you in every stage of your claim including appeals. They can help you submit additional medical evidence, request an official hearing and assist you in any Board meetings to ensure your case will be handled fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployability benefits.
How can you get a better rating
It is possible that your disability gets worse or your symptoms become more severe. In that situation it's logical to request a higher rating. A veterans disability lawyer can assist in that process, and help you find evidence to support your request.
It's not unusual for the VA to make errors, which could result in an under-rated rating than you deserve. It's worth getting an expert to examine your records for any errors. They could have missed an injury or omitted the issue that could be added to another condition to get an increase in rating.
You can still make a higher-level claim, or review if you've been given a rating for more than one calendar year. This involves a thorough review of your file, and could result in changes to your effective date or an updated rating that is more accurate to what you really feel.
It's also worth looking into an additional claim or higher-level review if you're arguing that you're entitled to a disability rate that is 100 percent or more. An attorney for disability can help you create an argument that supports this type of rating that is reserved for those with severe disabilities. A mental health condition, for example, may make you eligible for a 100 percentage disability rating since it could affect your job or cause frequent hospitalizations which don't normally trigger this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Despite what some people may think that denial of claims for disability by the VA isn't the end of a person's chances to get benefits. Former military personnel have a year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three ways to appeal is best for their case. They can also assist veterans gather the evidence they need to convince a higher level reviewer that the previous decision was incorrect. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have a lot of experience in handling VA disability claims, and they know the rules and procedure inside and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges disabled veterans have to face. This can lead to a particular type of empathy which could help in the resolution of an appeal for veterans' disability.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Call us today to set up your complimentary evaluation.
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