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14 Misconceptions Commonly Held About Veterans Disability Law Ted Vazquez 23-07-03 19:20
Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal of the denial of your claim.

Choose a veterans disability attorney who focuses their practice on handling these cases and veterans disability attorney knows the VA's system inside and out. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be confirmed that your illness is linked to your military experience. This is referred to as a nexus. There are many types of evidence you can demonstrate this connection, such as medical records, independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health conditions). There are occasions where veterans disability case are diagnosed with medical disabilities, but are unable to be considered to be service-connected due incomplete or omitted documents. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is confirmed by independent experts.

It is simpler to prove a direct service connection if injuries or illnesses occurred while you served in the military. If you suffered injuries in the military, and now suffer from headaches and concussions, it is easier to prove a direct service connection.

However, it is more difficult to get service connected if you suffer from an existing medical condition that worsened while in the military. To show that your time in service has aggravated or exacerbated a pre-existing medical condition, you'll need to present medical evidence that is "clear and irrefutable".

Appealing a Denial

After submitting an application and providing medical evidence The VA will review the application. The VA usually issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A disability attorney for veterans disability claim can assist the claimant through the three review options: the supplemental claim, or a higher-level review, or a direct appeal before the Board of veterans disability legal' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the military's culture when choosing a New York veterans' disability lawyer. This will make the process more enjoyable and eliminate the need for veterans disability attorney you to explain your experiences and the circumstances in layman's terms.

You also need a company that will continue to work on your case throughout the entire multi-year appeals process. Beware of firms that assist you in the initial stages of your claim and then go away.

An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing, and also represent you in any Board meetings so that your case will be handled fairly. They can also help you claim benefits like monetary compensation aid and attendance, education benefits or unemployed benefits.

How can I get a better rating

It could happen that your disability gets worse or your symptoms get more severe. It makes sense in this situation to ask for an increase in your rating. A veteran disability lawyer can help you with this process and help collect evidence to back your claim.

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 mistakes. They may have overlooked an injury or omitted the issue that could be combined with another condition to get a higher rating.

You may still make a higher-level claim, or review if you've been assessed for more than a calendar year. These include a review of your entire dossier, which may result in changes to the effective date of your claim and a new rating that is more corresponding to the feelings you have.

It's also advisable to file a supplemental claim or higher-level review if you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help you create a convincing argument for this type of rating, that is reserved for those with serious disabilities. A mental health problem such as depression, for instance, could be a reason to get a 100 percent disability rating because 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.

Need Help with the Appeals Process

Despite what some people may believe that denial of a disability claim by the VA isn't the end of a person's chances to recover benefits. In fact, a former soldier is given one year from the date the local veterans disability lawyer' hospital or office mails them a decision that is not favorable to appeal.

A skilled veteran disability lawyer can help a veteran decide which of the three current appeals options is best for their case. They can also help with gathering the evidence needed to convince a higher-level reviewer their previous decision was wrong. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have a wealth of experience in dealing with VA disability claims, and they understand the rules and procedure inside out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates a unique type of empathy that can sometimes improve the outcomes of a veterans disability law disability case.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can assist you. Call us today to schedule your free assessment.
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