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A New York veterans disability lawyer can help you navigate the bureaucracy at the VA. The lawyer can assist you in obtaining private medical records and other proofs needed to succeed in your claim.
Your disability rating will determine the amount of compensation you receive. It will be based on the severity of your condition and the extent to which it affects you to be able work and carry out normal activities.
Service Connection
If you can prove that your disability is due to your military service, you could be entitled to a monthly monetary allowance. The amount you are awarded is determined by a variety of factors which include your disability rating and the number of people whom you consider dependents. It is important to understand the various types of benefits you may get after your disability is classified as service-connected. A veteran's disability lawyer can help you receive the funds you require.
To prove service connection, you must present medical evidence that indicates that the current condition is a result of an injury or illness that occurred while on active duty or was aggravated by it. You may be considered to be connected when you have an existing disorder or disease that was discovered during the medical examination to the military, but was later aggravated by certain events. To prove a medical ailment, you must be able to provide a medical opinion that indicates the increase is not caused by natural development of the condition.
Many conditions or diseases are presumed to be the result of incidents that occurred during service, including cancers linked to Agent Orange exposure, Gulf War conditions and PTSD. These conditions are referred to as presumptive and require evidence that you were in active duty for at least 90 days or was a prisoner of the war for a specified period of time.
Appealing to a Denial
If you are given a notice that your claim for disability benefits like compensation and allowances and educational benefits, unemployed and a special monthly payment has been denied this can be very frustrating. It may be difficult for you to navigate the VA's bureaucracy order to obtain the disability rating you are entitled to. Our lawyers can assist you file an appeal and address the reasons behind why your claim was rejected. This includes lack of evidence.
Our lawyers have years of experience in the VA claim process. They can guide you through the entire process and represent you before the Board of Veterans Appeals, and the Court of Appeals for Veteran Claims.
During the review process, you may be required to present new and relevant evidence to show the fact that your disability is a result of service. You can complete this by filling out the Form 20-0996, and listing the concerns you believe were not addressed when the initial decision was made. This is a great way to show that the original decision was not correct and you have the right to the benefits that you requested.
During this time we will help you navigate the VA's complex rules and regulations to ensure your claim is properly handled. We can help you understand veterans disability the benefits of the combination of your VA benefits with Social Security.
How to File a Claim
The process of filing for benefits can be complex and time-consuming. The VA requires that the veteran submit a thorough listing of all his or her ailments and injuries to the veterans' benefit, as well as evidence linking the injuries to their service. Having an attorney by your side can make the difference between a successful claim and one that is denied.
If you are denied by your local VA office, your attorney may file an appeal and request an additional review. Your attorney could suggest that you provide additional evidence to support your appeal. This could include medical records, statements by family members and friends, reports from law enforcement or military records, and additional hospital or medical clinic records.
Your lawyer can assist you to fill out the SF180 form in order to request your claim record from your local VA. This document should include all the pertinent information on your medical history as well as the current symptoms you're experiencing, along with a rationale for the reasons you believe these issues are related to your service.
Congress created the VA disability benefits procedure to be veterans disability attorney friendly, so there is no limit on the time that a vet can bring a claim for disability. However, you must satisfy certain conditions to be eligible for the benefits. These include the requirement for a minimum time of service and an discharge that is not dishonorable.
Meeting with an attorney
Veterans face many obstacles when attempting to apply for disability benefits. They must navigate VA regulations and veterans disability bureaucracy, as well as deal with the stress of their medical issues and family issues. This can lead to mistakes in filling out forms, not submitting evidence or missing deadlines. A veteran disability attorney can provide advice to assist veterans in avoiding these mistakes and increase their chances of success.
A veteran may also make an appeal the decision of a claim denied by an attorney. There are three decision review options available to a veteran when they are not happy with the decision of their claim: the Supplemental Claim option, a Higher-Level Review, or a Board Appeal. A Colorado veterans disability law firm can advocate on your behalf and analyze your case to determine what was wrong with the VA's denial.
A veteran suffering from a disability could be eligible for monetary compensation per month that is based on their disability rating. They could also be eligible for Social Security benefits. If they are employed and their employer provides reasonable accommodations if requested by the employee to accommodate disabilities. This is a requirement of the ADA which limits the ability of employers to ask for medical records, and prohibits discrimination based on disability. A Colorado veterans disability firm can assist veterans in obtaining benefits and accommodations they require.
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