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A veteran disability lawyer can help you through the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the claims process.
Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it is proven that your condition is linked to your military experience. This is known as a nexus. There are various types of evidence you can demonstrate this connection, including medical records or independent medical exams (IME) and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are instances when veterans have medically determinable disabilities, but they are not able to be service connected because of the absence of or insufficient records. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by unbiased experts.
It is much easier to establish a direct service connection if 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 easier to establish a direct connection to the service.
However, it is harder to get connected if you suffer from an existing medical condition that grew worse during your time in the military. To prove that your military service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that is at the level of "clear and undeniable" proof.
Appealing an Denial
After submitting an application and submitting medical evidence after which the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one 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 an appeal directly to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military background and army's culture. This can make it simpler for you and reduce the need to explain your situations and experiences in layman's.
You need a firm that will handle your case throughout the lengthy appeals procedure. Be wary of firms that only help you with the initial stages of your case, and then go away.
An experienced New York veterans' disability lawyer can assist you in all stages of the claim, including appeals. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you to claim benefits including monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Achieving a Higher Rating
It could happen that your disability becomes worse or your symptoms become more severe. In that situation it is sensible to seek an increase in your rating. A veterans disability lawyer can assist with this process, and help you find evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you're entitled to. In the event that they fail to notice an injury or ignore a condition that could be a combination of other disabilities to get an improved rating It's worthwhile to have an expert look over your records to look for mistakes.
Even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your file and can result in changes to your effective date or an updated rating that is more accurate to what you truly feel.
It's also worth seeking an additional claim or a more thorough review if you're trying to argue that you deserve a disability rating of 100 percent or more. A disability lawyer can help you put together a compelling argument for this type of rating that is reserved for those with debilitating disabilities. A mental health condition such as depression, for instance, could be a reason to get a 100 percent disability rating because it can hinder employment or trigger frequent hospitalizations that would not normally trigger this level for a heart problem or other medical conditions.
Helping with the Appeals Process
Despite what some people may think, the denial of a disability claim by the VA is not the end of an individual's ability to recover benefits. Former service members have one year to appeal a decision that is not favorable.
An experienced veterans disability lawyer can help a veteran decide which of the three current appeals routes is most suitable for their case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll give you the attention and veterans disability lawyer care that your claim needs. They also have a lot of experience dealing with VA disability claims, and they are aware of the rules and procedures in detail. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This can create a distinct type of empathy which could help in the resolution of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us today for an appointment for a free evaluation.
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