14 Common Misconceptions About Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claims process. From collecting medical and service evidence to filing an appeal on a denied claim A veteran disability lawyer can assist you through the entire claims process.
Choose a veteran disability lawyer who limits their practice to dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it is confirmed that your illness is related to your military service. This is known as a "nexus. There are a variety of evidence you could prove the connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are occasions when veterans have medically determined disabilities, but are unable to be considered to be service-connected due incomplete or omitted records. These cases require the assistance of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is confirmed by experts who are independent.
It is simpler to establish a direct service connection if injuries or illnesses occurred during your time in the military. If you've been injured while in the military, and now suffer from headaches and concussions it is much easier to prove a direct service connection.
However, it is more difficult to get connected if you suffer from a pre-existing medical condition that grew worse while in the military. In order to prove that your military service worsened or aggravated a pre-existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and unmistakable" evidence.
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will usually issue a decision approving or denying benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A disability attorney for veterans can assist the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience and the tradition of the armed services when choosing a New York veterans' disability lawyer. This will help you feel more comfortable and less requiring you to describe your experiences and circumstances in plain English.
You also want a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of firms that only assist you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you at any Board meetings so that your case will be dealt with fairly. They can also assist you in obtaining you benefits like assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.
Getting a Higher Rating
It may happen that your disability becomes worse or your symptoms are more severe. In that case it is sensible to seek an increase in your rating. A veterans disability lawyer can assist you in this procedure, and help you find evidence to justify your request.
It's not uncommon to see the VA to make errors, which could result in receiving a lower score than you deserve. It's worth getting a professional to check your records for mistakes. They might have missed an injury or omitted the issue that could be combined with another disability to get a higher rating.
Even if it's been more than one year since the initial rating decision, you still can file a higher-level review or supplemental claim. These can include a review of your entire file that could lead to changes to the effective date of your claim and a new rating that is more corresponding to what you feel.
It's also worth seeking a supplemental claim or higher-level review if you believe you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help develop a compelling argument for this rating that is reserved for the most debilitating disabilities. A mental health problem for instance, might qualify you for a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what some may think, the denial of claims for disability by the VA is not the end of an individual's ability to receive benefits. In fact, a former military member can wait one year from date that their local veterans hospital or office sends them a decision that is not favorable to appeal.
An experienced lawyer for veterans can assist a veteran to determine which of the three current appeals routes is best for their case. They can also help with gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even assist a veteran with a formal hearing before a Veterans Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim requires. They will also have extensive experience in managing VA disability claims, and they understand the rules and procedure inside out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a special type of empathy which can help improve the outcome of the case of a disabled veteran.
The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims for no cost to determine if we can help you. Call us today to schedule your free evaluation.
A veteran disability lawyer can assist you through the entire claims process. From collecting medical and service evidence to filing an appeal on a denied claim A veteran disability lawyer can assist you through the entire claims process.
Choose a veteran disability lawyer who limits their practice to dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it is confirmed that your illness is related to your military service. This is known as a "nexus. There are a variety of evidence you could prove the connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are occasions when veterans have medically determined disabilities, but are unable to be considered to be service-connected due incomplete or omitted records. These cases require the assistance of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is confirmed by experts who are independent.
It is simpler to establish a direct service connection if injuries or illnesses occurred during your time in the military. If you've been injured while in the military, and now suffer from headaches and concussions it is much easier to prove a direct service connection.
However, it is more difficult to get connected if you suffer from a pre-existing medical condition that grew worse while in the military. In order to prove that your military service worsened or aggravated a pre-existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and unmistakable" evidence.
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will usually issue a decision approving or denying benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A disability attorney for veterans can assist the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience and the tradition of the armed services when choosing a New York veterans' disability lawyer. This will help you feel more comfortable and less requiring you to describe your experiences and circumstances in plain English.
You also want a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of firms that only assist you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you at any Board meetings so that your case will be dealt with fairly. They can also assist you in obtaining you benefits like assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.
Getting a Higher Rating
It may happen that your disability becomes worse or your symptoms are more severe. In that case it is sensible to seek an increase in your rating. A veterans disability lawyer can assist you in this procedure, and help you find evidence to justify your request.
It's not uncommon to see the VA to make errors, which could result in receiving a lower score than you deserve. It's worth getting a professional to check your records for mistakes. They might have missed an injury or omitted the issue that could be combined with another disability to get a higher rating.
Even if it's been more than one year since the initial rating decision, you still can file a higher-level review or supplemental claim. These can include a review of your entire file that could lead to changes to the effective date of your claim and a new rating that is more corresponding to what you feel.
It's also worth seeking a supplemental claim or higher-level review if you believe you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help develop a compelling argument for this rating that is reserved for the most debilitating disabilities. A mental health problem for instance, might qualify you for a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what some may think, the denial of claims for disability by the VA is not the end of an individual's ability to receive benefits. In fact, a former military member can wait one year from date that their local veterans hospital or office sends them a decision that is not favorable to appeal.
An experienced lawyer for veterans can assist a veteran to determine which of the three current appeals routes is best for their case. They can also help with gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even assist a veteran with a formal hearing before a Veterans Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim requires. They will also have extensive experience in managing VA disability claims, and they understand the rules and procedure inside out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a special type of empathy which can help improve the outcome of the case of a disabled veteran.
The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims for no cost to determine if we can help you. Call us today to schedule your free evaluation.
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