5 Killer Quora Answers On Veterans Disability Law | Maude Navarro | 23-07-03 05:27 |
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal of the denial of your claim. Select a veteran disability attorney who limits their practice to handling these cases and is aware of the VA system from head to toe. This will ensure that your case gets the attention it deserves. Proving Service Connection The VA will only award disability benefits if they can prove that the condition is a result of your military service. This is referred to as a connection. There are a variety of evidence you can demonstrate this connection, including medical records as well as independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is backed up by experts who are impartial. It is easier to prove that there is a direct connection to your service for illnesses or injuries that occurred while in the military. If you've been injured while in the military, and now suffer from headaches or concussions, it's much easier to prove a direct service connection. 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 service worsened or aggravated an existing illness You must present expert medical evidence that reaches the level of "clear and unmistakable" proof. Appealing a Denial The VA will review your case after you have submitted your application and submitted medical evidence. The VA will usually issue an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals. When selecting the right New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and military's culture. This will make the process more relaxed and reduce the need for you to describe your experiences and the circumstances in layman's terms. You want a company that will be working on your case throughout the multi-year appeals process. Beware of firms that only assist you with the initial stages of your claim, and then vanish. An experienced New York veterans' disability attorney can help you with all phases of the claim, including appeals. They can help you submit additional medical evidence, request an official hearing, and represent you in any Board meetings so that your case will be dealt with fairly. They can also assist you to claim benefits like monetary compensation, aid and attendance, educational benefits or unemployed benefits. Achieving a Higher Rating There may come a time that your disability becomes more severe or your symptoms become more complex or broader. It is logical in this situation to ask for an increase in rating. A veteran disability lawyer can help you with this process, and also help you collect evidence to prove your claim. It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. If they miss an injury that you suffer from or overlook a problem that could be linked with other disabilities to earn an improved rating it's important to have an expert look over your records to identify any errors. You may still file a higher-level claim or review if you have been evaluated for more than a calendar year. These include a review of your entire dossier, which could result in modifications to your effective date and a new rating that is more corresponding to the feelings you have. It's also worth looking into an additional claim or higher-level review if you're entitled to a disability grade 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 severe of disabilities. A mental health condition, for example, may be a reason to get a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or other medical issues. Helping with the Appeals Process Despite what some believe that denying claims for disability by the VA isn't the end of an individual's chances to receive benefits. In fact, a former soldier can wait one year from date that their local veterans hospital or office sends them a denial to file an appeal. An experienced veterans disability settlement disability attorney can assist a veteran to determine which of the three options for appeal is best for his particular situation. They can also assist veterans put all the evidence required to convince a higher level reviewer that the previous decision was incorrect. They can even provide veterans with a formal hearing before a Veterans Law Judge. The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim needs. They will also have extensive experience in handling VA disability claims, and they know the rules and procedures in detail. In addition, veterans disability lawyer some attorneys are veterans disability compensation themselves, Veterans Disability Lawyer which means that they understand the challenges that disabled veterans disability legal have to face. This can create a special kind of empathy that could help in the resolution of a veterans' disability case. Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Contact us today for an appointment for a free evaluation. |
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