The Ultimate Guide To Veterans Disability Law | Reagan Corso | 23-07-04 11:56 |
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the claims process. Choose a veterans disability attorney that is solely handling these cases and knows 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 provide disability benefits if they can prove that the condition you have is connected to your military service. This is known as a nexus. There are different types of evidence that you can use to show this connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are times when veterans have medically determinable disabilities, but cannot be considered service connected due to incomplete or omitted documents. These cases require the help of skilled New York disability lawyers who know how to present an accurate claim and submit evidence that is confirmed by experts who are independent. It is much easier to establish the direct connection between your service and veterans disability case illnesses or injuries that occurred while in the military. For instance, if you were hit in the head in the course of your service and Veterans Disability case suffer headaches and concussions, there is a direct link between the events that led to your current health condition. It is a lot more difficult to become service-connected if you had an existing medical condition that was worsened while you were in military service. To prove that your time in service worsened or aggravated an existing medical condition, you must supply expert medical evidence that is at the level of "clear and undeniable" proof. Appealing a Denial After filing an application and providing medical evidence The VA will review the case. It usually makes a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to submit a notice of disagreement. A veteran's disability attorney can guide the claimant through the three review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals. When selecting a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and the army's culture. This will make the process more comfortable and less demanding for you to describe your experiences and circumstances in plain English. You also need a company that will work on your case throughout the entire appeals process of several years. Be wary of companies that assist you with the initial phases of your case and then go away. A seasoned New York veterans disability legal' disability lawyer can assist you in every stage of your claim and appeals. They can assist you in submitting additional medical evidence, request an official hearing and assist you at any Board meetings to ensure that your case will be handled without prejudice. They can also assist you to claim benefits like monetary compensation aid and attendance, education benefits or unemployment benefits. How can I get a better rating There may come a time when your disability becomes more serious or your symptoms become more complex or broader. In that case it's logical to ask for an increase in your rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to prove your claim. It's not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. It's a good idea to hire an expert to review your records for errors. They may have overlooked an injury or left out the issue that could be in conjunction with another disability to receive an improved rating. Even the fact that it's been more one year since the initial rating decision, you have the option of filing a higher-level review or supplemental claim. This includes a review of your entire file, which can result in modifications to the effective date of your claim and the creation of a new rating that is more precise to what you feel. If you believe you deserve an assessment of 100 percent or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help you develop a compelling argument for this rating, which is reserved only for the most severe of disabilities. For instance, a mental health condition could qualify you for a 100% disability rating because it can cause a significant interruption to work or periods of hospitalization that do not normally trigger this type of the rating for a heart disease or other medical issue. Need help with the Appeals Process Contrary what some believe contrary to what many may think, an VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former military member has a year from the date that their local veterans hospital or office mails them a decision that is not favorable to file an appeal. An experienced attorney for veterans can assist a veteran in determining which of the three appeals options would be best for his particular situation. They can also help a vet get all the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even assist veterans with a more formal hearing before an veterans disability settlement Law Judge. The benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim needs. They also have a lot of experience in handling VA disability claims, and they know the rules and procedure inside out. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans disability legal. This creates an unique type of empathy that can make a difference in the outcome of a veterans disability case. Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us today to arrange your free evaluation. |
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