14 Questions You Might Be Afraid To Ask About Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against the denial of your claim.
Choose a veteran disability lawyer who focuses their practice on handling these cases and is aware of the VA system from head to toe. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits if it's proven that your condition is related to your military service. This is called a nexus. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME), or the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but they are not able to be considered to be service-connected due insufficient or missing records. These cases require the help of skilled New York disability lawyers who are able to present an accurate claim and submit evidence that is backed by independent experts.
It is much easier to prove a direct connection when injuries or illnesses occurred while you served in the military. For instance, if you were hit in the head while serving and are now suffering headaches and concussions there is a clear connection between the two events and your current condition.
It is a lot more difficult to become service-connected if there was a pre-existing condition that worsened while you were in military service. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undeniable".
Appealing a Denied Application
After filing an application and submitting medical evidence, the VA will review the case. It usually makes a decision which either approves or denies benefits. If the decision is unfavorable the veteran is given one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three options for review -- an additional claim, a more extensive review or a direct appeal to the Board of veterans disability legal' Appeals.
Consider whether the lawyer understands your military experiences and the tradition of the armed services when choosing a New York veterans disability settlement' disability lawyer. This will help you feel more comfortable and less demanding for you to describe your experiences and situations in layman's terms.
You want a firm who will work on your case throughout the lengthy appeals process. Be wary of firms that assist you in the initial phases of your case and then go away.
An experienced New York veterans' disability lawyer can assist you in all stages of the claim including appeals. They can assist you in submitting more medical evidence, request an official hearing, and also represent you at any Board sessions to ensure that your case will be dealt with in a fair manner. They can also help you win you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployedness.
Getting a Higher Rating
There could be a point where your disability gets more severe, or your symptoms get more difficult or wider. It is logical in this situation to ask for an increase in rating. A veteran disability lawyer can help you in this process and help gather evidence to support your claim.
It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. If they miss an injury you've suffered or miss a condition which could be linked to other disabilities to receive a higher rating, it's worth having an expert look over your records to identify any mistakes.
You can still make a higher-level claim, or review if you have been rated for more than a calendar year. These involve a full review of your file and can result in the change of your effective date or an updated rating that is more accurate to how you truly feel.
If you think you're worthy of a rating of 100 percent, or veterans disability lawyer higher, you should consider seeking a supplemental claim. A disability attorney can help you put together an argument that is convincing for this type of rating which is reserved only for severe disabilities. A mental health condition such as depression, for instance, could allow you to receive a 100 percent disability rating because it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level for a heart problem or any other medical condition.
Assistance with the Appeals Process
Despite what some people may think the denial of claims for disability by the VA isn't the end of an individual's chances to receive benefits. Former service members have one year to appeal the decision if it is not favorable.
A skilled veteran disability lawyer can help a veteran decide which of the three current appeals routes is best for their case. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an opportunity to have a formal hearing front of an veterans disability claim Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim requires. They are also likely to have a wealth of experience in handling VA disability claims and are aware of the rules and procedures inside and out. In addition, some attorneys are veterans disability attorneys themselves, which means they understand the challenges disabled veterans disability settlement face. This can create a distinct type of empathy which can help improve the outcome of a veterans' disability case.
Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to assist you. Contact us today to arrange your free evaluation.
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against the denial of your claim.
Choose a veteran disability lawyer who focuses their practice on handling these cases and is aware of the VA system from head to toe. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits if it's proven that your condition is related to your military service. This is called a nexus. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME), or the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but they are not able to be considered to be service-connected due insufficient or missing records. These cases require the help of skilled New York disability lawyers who are able to present an accurate claim and submit evidence that is backed by independent experts.
It is much easier to prove a direct connection when injuries or illnesses occurred while you served in the military. For instance, if you were hit in the head while serving and are now suffering headaches and concussions there is a clear connection between the two events and your current condition.
It is a lot more difficult to become service-connected if there was a pre-existing condition that worsened while you were in military service. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undeniable".
Appealing a Denied Application
After filing an application and submitting medical evidence, the VA will review the case. It usually makes a decision which either approves or denies benefits. If the decision is unfavorable the veteran is given one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three options for review -- an additional claim, a more extensive review or a direct appeal to the Board of veterans disability legal' Appeals.
Consider whether the lawyer understands your military experiences and the tradition of the armed services when choosing a New York veterans disability settlement' disability lawyer. This will help you feel more comfortable and less demanding for you to describe your experiences and situations in layman's terms.
You want a firm who will work on your case throughout the lengthy appeals process. Be wary of firms that assist you in the initial phases of your case and then go away.
An experienced New York veterans' disability lawyer can assist you in all stages of the claim including appeals. They can assist you in submitting more medical evidence, request an official hearing, and also represent you at any Board sessions to ensure that your case will be dealt with in a fair manner. They can also help you win you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployedness.
Getting a Higher Rating
There could be a point where your disability gets more severe, or your symptoms get more difficult or wider. It is logical in this situation to ask for an increase in rating. A veteran disability lawyer can help you in this process and help gather evidence to support your claim.
It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. If they miss an injury you've suffered or miss a condition which could be linked to other disabilities to receive a higher rating, it's worth having an expert look over your records to identify any mistakes.
You can still make a higher-level claim, or review if you have been rated for more than a calendar year. These involve a full review of your file and can result in the change of your effective date or an updated rating that is more accurate to how you truly feel.
If you think you're worthy of a rating of 100 percent, or veterans disability lawyer higher, you should consider seeking a supplemental claim. A disability attorney can help you put together an argument that is convincing for this type of rating which is reserved only for severe disabilities. A mental health condition such as depression, for instance, could allow you to receive a 100 percent disability rating because it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level for a heart problem or any other medical condition.
Assistance with the Appeals Process
Despite what some people may think the denial of claims for disability by the VA isn't the end of an individual's chances to receive benefits. Former service members have one year to appeal the decision if it is not favorable.
A skilled veteran disability lawyer can help a veteran decide which of the three current appeals routes is best for their case. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an opportunity to have a formal hearing front of an veterans disability claim Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim requires. They are also likely to have a wealth of experience in handling VA disability claims and are aware of the rules and procedures inside and out. In addition, some attorneys are veterans disability attorneys themselves, which means they understand the challenges disabled veterans disability settlement face. This can create a distinct type of empathy which can help improve the outcome of a veterans' disability case.
Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to assist you. Contact us today to arrange your free evaluation.
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