14 Questions You Might Be Uneasy To Ask Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of a denied claim.
Choose a veterans disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it can be established that your condition is directly related to your military service. This is referred to as a nexus. There are various types of evidence that you could prove the connection, such as medical records as well as independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health issues). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is confirmed by unbiased experts.
It is easier to establish a direct service connection if injuries or illnesses occurred while you were in the military. If you have been injured in the military and you now suffer from headaches and concussions, it's easier to prove a direct service connection.
It is a lot more difficult to become connected to the military if you suffered from an existing condition that got worse during your military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide medical evidence from a professional that is "clear and undisputed".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually makes a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three review options that include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience and the military's culture when choosing the New York veterans' disability lawyer. This can help you feel more comfortable and eliminate the need for you to explain your experiences and circumstances in plain English.
You also need a company that will continue to work on your case for the duration of the appeals process over a period of years. Be wary of firms that only assist you in the initial phases of your claim and then go away.
A seasoned New York veterans' disability attorney can assist you at all phases of the 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 help you win you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or unemployability.
How to get a higher rating
It could be that your disability gets worse or your symptoms get more severe. It makes sense in this case to request an increase in your rating. A veterans disability lawyer can assist you in this procedure, and help you dig up evidence to back your request.
It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled. It's a good idea to hire an expert to examine your records for errors. They may have missed an injury or left out any issue that could have been combined with another disability to receive an even higher rating.
You may still make a higher-level claim, or review if you have been given a rating for more than one calendar year. This includes a review of your entire file which may result in changes to your effective date and an updated rating that is more true to what you feel.
If you believe you're entitled to an assessment of 100 percent, or higher, it's worth requesting a supplemental claim. A disability lawyer can help build a strong case for this rating which is only available for the most serious disabilities. A mental health problem such as depression, for instance, could allow you to receive a 100 percentage disability rating since it can hinder employment or cause frequent hospitalizations that would not normally trigger this level of severity for a heart issue or other medical condition.
Getting help with the Appeals Process
Contrary what some believe, contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced veteran disability attorney can assist a veteran in determining which of the three appeals options would be the most appropriate for his particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even provide veterans with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have a vast experience handling VA disability claims and are aware of the rules and procedures in and out. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that can improve the outcomes of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us today to schedule an appointment for a free evaluation.
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of a denied claim.
Choose a veterans disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it can be established that your condition is directly related to your military service. This is referred to as a nexus. There are various types of evidence that you could prove the connection, such as medical records as well as independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health issues). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is confirmed by unbiased experts.
It is easier to establish a direct service connection if injuries or illnesses occurred while you were in the military. If you have been injured in the military and you now suffer from headaches and concussions, it's easier to prove a direct service connection.
It is a lot more difficult to become connected to the military if you suffered from an existing condition that got worse during your military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide medical evidence from a professional that is "clear and undisputed".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually makes a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three review options that include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience and the military's culture when choosing the New York veterans' disability lawyer. This can help you feel more comfortable and eliminate the need for you to explain your experiences and circumstances in plain English.
You also need a company that will continue to work on your case for the duration of the appeals process over a period of years. Be wary of firms that only assist you in the initial phases of your claim and then go away.
A seasoned New York veterans' disability attorney can assist you at all phases of the 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 help you win you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or unemployability.
How to get a higher rating
It could be that your disability gets worse or your symptoms get more severe. It makes sense in this case to request an increase in your rating. A veterans disability lawyer can assist you in this procedure, and help you dig up evidence to back your request.
It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled. It's a good idea to hire an expert to examine your records for errors. They may have missed an injury or left out any issue that could have been combined with another disability to receive an even higher rating.
You may still make a higher-level claim, or review if you have been given a rating for more than one calendar year. This includes a review of your entire file which may result in changes to your effective date and an updated rating that is more true to what you feel.
If you believe you're entitled to an assessment of 100 percent, or higher, it's worth requesting a supplemental claim. A disability lawyer can help build a strong case for this rating which is only available for the most serious disabilities. A mental health problem such as depression, for instance, could allow you to receive a 100 percentage disability rating since it can hinder employment or cause frequent hospitalizations that would not normally trigger this level of severity for a heart issue or other medical condition.
Getting help with the Appeals Process
Contrary what some believe, contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced veteran disability attorney can assist a veteran in determining which of the three appeals options would be the most appropriate for his particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even provide veterans with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have a vast experience handling VA disability claims and are aware of the rules and procedures in and out. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that can improve the outcomes of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us today to schedule an appointment for a free evaluation.
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