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Then You've Found Your Veterans Disability Law ... Now What?
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Choose a veterans disability attorney who limits their practice to handling these cases and 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 award disability benefits only if you prove that the condition is a result of your military service. This is called a linkage. You can use a variety of evidence to prove the connection. These include medical records, independent health assessments (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans disability lawyers suffer from medically-determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are independent.
It is simpler to establish a direct service connection when injuries or illnesses occurred while you were in the military. If you've been injured while in the military and you now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
It is more difficult to be connected to a service if you have a pre-existing condition that worsened while you were in military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence that is "clear and undisputed".
Appealing to a Denial
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA will usually issue an opinion either approving or denial of benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can guide the claimant through the three decision review options: an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the necessity to explain your circumstances and experiences in layman's terms.
You also want a firm that will continue to work on your case for the entire multi-year appeals process. Be wary about firms that assist you with the initial phases of your case and then disappear.
An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you in any Board meetings to ensure your case is handled in a fair and fair manner. They can also help win you benefits such as assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.
How can you get a better rating
It is possible that your disability gets more severe or your symptoms become more severe. In that situation, it makes sense to seek a higher rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to support your claim.
It's not uncommon for the VA to make errors, which could result in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to examine your records for errors. They may have missed an injury or omitted the issue that could be in conjunction with another condition to get an even higher rating.
Even the fact that it's been more a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete 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 feel.
If you think you're worthy of a rating of 100 percent or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help make a convincing case for this rating which is only available for the most severe of disabilities. For instance the mental health issue could qualify you for a 100% disability rating because it could cause significant interruption to work or periods of hospitalization, which don't usually trigger this level of a rating for a cardiovascular condition or other medical problem.
Helping with the Appeals Process
Contrary to what some may believe that denying claims for disability by the VA isn't the end of an individual's ability to collect benefits. Former military personnel have a year to appeal the decision if it is not favorable.
A skilled veterans disability attorney can assist a veteran to determine which of the three pathways for appeal would be the most appropriate for his situation. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer that the previous decision was not right. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They will also have extensive experience dealing with VA disability claims, and they understand the rules and procedure in detail. Additionally, some lawyers are veterans themselves, which means that they understand the issues disabled veterans have to face. This can create a distinct kind of empathy that could help in the resolution of the case of a disabled veteran.
Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims for free to determine whether we can assist you. Call us today to set up your free assessment.
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Choose a veterans disability attorney who limits their practice to handling these cases and 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 award disability benefits only if you prove that the condition is a result of your military service. This is called a linkage. You can use a variety of evidence to prove the connection. These include medical records, independent health assessments (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans disability lawyers suffer from medically-determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are independent.
It is simpler to establish a direct service connection when injuries or illnesses occurred while you were in the military. If you've been injured while in the military and you now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
It is more difficult to be connected to a service if you have a pre-existing condition that worsened while you were in military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence that is "clear and undisputed".
Appealing to a Denial
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA will usually issue an opinion either approving or denial of benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can guide the claimant through the three decision review options: an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the necessity to explain your circumstances and experiences in layman's terms.
You also want a firm that will continue to work on your case for the entire multi-year appeals process. Be wary about firms that assist you with the initial phases of your case and then disappear.
An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you in any Board meetings to ensure your case is handled in a fair and fair manner. They can also help win you benefits such as assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.
How can you get a better rating
It is possible that your disability gets more severe or your symptoms become more severe. In that situation, it makes sense to seek a higher rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to support your claim.
It's not uncommon for the VA to make errors, which could result in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to examine your records for errors. They may have missed an injury or omitted the issue that could be in conjunction with another condition to get an even higher rating.
Even the fact that it's been more a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete 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 feel.
If you think you're worthy of a rating of 100 percent or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help make a convincing case for this rating which is only available for the most severe of disabilities. For instance the mental health issue could qualify you for a 100% disability rating because it could cause significant interruption to work or periods of hospitalization, which don't usually trigger this level of a rating for a cardiovascular condition or other medical problem.
Helping with the Appeals Process
Contrary to what some may believe that denying claims for disability by the VA isn't the end of an individual's ability to collect benefits. Former military personnel have a year to appeal the decision if it is not favorable.
A skilled veterans disability attorney can assist a veteran to determine which of the three pathways for appeal would be the most appropriate for his situation. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer that the previous decision was not right. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They will also have extensive experience dealing with VA disability claims, and they understand the rules and procedure in detail. Additionally, some lawyers are veterans themselves, which means that they understand the issues disabled veterans have to face. This can create a distinct kind of empathy that could help in the resolution of the case of a disabled veteran.
Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims for free to determine whether we can assist you. Call us today to set up your free assessment.
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