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14 Misconceptions Commonly Held About Veterans Disability Law

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작성자 Brenda Beane 작성일 24-06-07 09:59 조회 18 댓글 0

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Veterans Disability Lawyers

A veteran disability lawyer can assist 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 help you throughout the claims process.

Choose a lawyer for veterans who is specialized in dealing with these cases, and who knows the VA system from head to toe. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if it's proven that your condition is directly related to your military service. This is known as a linkage. There are many types of evidence that you could demonstrate this connection, including medical records and independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment 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 backed up by experts who are impartial.

It is much easier to establish the direct connection between your service and injuries or illnesses that occurred while in the military. For example, if you were hit in the head during service and now suffer from concussions and headaches, there is a strong connection between those events and your current health condition.

However, it's more difficult to get connected if you have a pre-existing medical condition that grew worse during your time in the military. To prove that your service aggravated or worsened a pre-existing health condition, you'll have to present medical evidence from an expert that is "clear and undeniable".

Appealing a Denial

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the application. It typically issues a decision which either approves or denies benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can help the claimant navigate 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 experience and firms the traditions of the armed forces when selecting a New York veterans' disability lawyer. This will make it easier for you and reduce the requirement to explain your situation and experiences in layman's language.

You'll want a firm that will work on your case through the lengthy appeals procedure. Beware of firms that only assist you in the first stages of your claim and then go away.

An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help you win your benefits, including monetary compensation, aid and attendance, educational benefits or unemployment benefits.

How do I obtain a higher rating

There may be a point where your disability gets more severe, or your symptoms get broader or more challenging. It is logical in this case to request an increase in rating. A lawyer for veterans' disability can assist in that process, and assist you in locating evidence to justify your request.

It's not uncommon for the VA to make mistakes that result in an under-rated rating than you deserve. In the event that they fail to notice an injury or miss a condition which could be linked to other disabilities in order to get an improved rating It's worthwhile to have an expert look over your records to look for mistakes.

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

It's also advisable to file an additional claim or higher-level review if you believe you deserve a disability rating of 100 percent or greater. A disability lawyer can help you make a convincing case for this rating which is only available for the most debilitating disabilities. For instance, a mental health condition could be a reason to get 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization that do not normally trigger such an assessment for a cardiovascular disease or other medical issue.

Helping with the Appeals Process

Despite what some people may think the denial of an appeal for disability by the VA isn't the end of an individual's chance to get benefits. In fact, a former soldier can wait one year from date the local veterans' hospital or office mails them a decision that is not favorable to file an appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three ways to appeal is the best option for their situation. They can also assist veterans put the evidence they need to convince a higher level reviewer that the previous decision was incorrect. They can provide a veteran an extra formal hearing before an Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have extensive experience dealing with VA disability claims and are aware of the rules and procedures inside and out. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans. This creates an unique type of empathy that may improve the outcomes of a case involving a disabled veteran.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine if we can help you. Call us today to set up your free evaluation.

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