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15 Reasons Why You Shouldn't Ignore Veterans Disability Law

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작성자 Wilton 작성일 24-06-28 15:11 조회 5 댓글 0

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Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From gathering evidence of medical and other service to filing an appeal of a denied claim.

Select a veteran disability lawyer who specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it can be proven that your condition is directly related to your military service. This is known as a nexus. You can make use of various types of evidence to prove this connection. These include medical records, independent health examinations (IME) or a an nexus note from current health care providers (especially in the case of mental health problems). Sometimes, veterans disability lawsuit have medically determined disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire case and submit evidence that is backed by independent experts.

It is easier to prove that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. For instance, if suffered head injuries while serving and are now suffering headaches and concussions there is a strong connection between these events and your current condition.

However, it's more difficult to get service connected if you suffer from an existing medical condition that grew worse while in the military. In order to prove that your time in military service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" proof.

Appealing a denied application

After submitting an application and providing medical evidence, the VA will review the case. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a complaint. A veterans disability lawyer can assist the claimant through the three possible review options including the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they can understand your military experiences and the army's culture. This can make the process more enjoyable and less requiring you to describe your experiences and circumstances in plain English.

You also want a firm that will work on your case for the entire multi-year appeals process. Beware of firms that only assist you with the initial stages of your claim, and then go away.

A seasoned 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 at any Board sessions to ensure that your case is handled without prejudice. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, educational benefits, or unemployability.

How can I get a better rating

It could happen that your disability gets worse or your symptoms get more severe. It makes sense in this scenario to ask for an increase in the rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to prove your claim.

It's not uncommon to see the VA to make errors, which could result in receiving a lower score than you deserve. If they overlook an injury or miss a condition which could be linked to other disabilities to earn higher ratings, it's worth having an expert review your records to find any mistakes.

You may still file a higher-level claim or review if you have been assessed for more than a calendar year. These are a thorough examination of your file, and could result in a change to your effective date or an updated rating that is more accurate to what you feel.

It's also worth pursuing an additional claim or a higher-level review if you're arguing that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can help make a convincing case for this rating which is reserved for the most severe of disabilities. A mental health condition, for example, may allow you to receive a 100 percentage disability rating since it can hinder employment or trigger frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or any other medical condition.

Assistance with the Appeals Process

Contrary what some believe, a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former military member has a year from the date that the local veteran's hospital or office mails them a denial to appeal.

An experienced attorney for veterans can assist a veteran in determining which of the current three options for appeal is best for his particular case. They can also assist veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was not right. They can even provide veterans with a more formal hearing before an Veterans Law Judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim needs. They also have extensive experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This can create a distinct kind of empathy that can sometimes improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to arrange an evaluation for free.

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