veterans disability lawyers (
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A veteran disability lawyer can assist you throughout the entire claims process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Choose a
veterans disability attorney that is solely dealing with these cases and who is familiar with 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 provide disability benefits if they can prove that the condition is related to your military service. This is known as a "nexus. There are many types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or the nexus letters from current health care providers (especially in the cases of mental health issues). There are times when veterans have medically determined disabilities, but they are not able to be service connected because of insufficient or missing documents. These cases require the assistance of experienced New York disability attorneys who know how to present an entire case and submit evidence backed by impartial experts.
It is simpler to prove the direct connection between your service and illnesses or injuries that occurred while you were in the military. For example, if you received a head injury during your time in service and you are suffering from concussions and headaches, there is a strong connection between these events and your current condition.
It is harder to get service-connected if you had an existing medical condition that was worsened during your military service. To prove that your time in the military caused or aggravated a pre-existing condition, you'll need to present medical evidence from an expert that is "clear and undeniable".
Appealing a Denied Application
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a complaint. A disability lawyer for veterans can assist the claimant in navigating the three decision review options that include an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the military's culture when selecting the New York
veterans disability attorneys' disability lawyer. This can make it easier for you to understand and reduce the requirement to explain your situation and experiences in layman's terms.
You also want a firm that will work on your case throughout the entire appeals process of several years. Beware of companies that will only assist you with the first stages of your claim, and then go away.
A seasoned New York veterans' disability attorney can assist you at all stages of the claim and appeals. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you in any Board meetings to ensure your case is handled in a fair manner. They can also help you win your benefits, like monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Receiving a Better Rating
There might come a time when your disability becomes more serious or your symptoms become more difficult or wider. It is logical in this case to request an increase in rating. A veteran disability lawyer can help you in this process and help collect 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. It's worth contacting an expert to review your records for any errors. They may have overlooked an injury or neglected to mention an issue that could be combined with another disability to earn an even higher rating.
Even if it's been more than one year since the initial rating decision, you still can file an additional review or claim. These involve a full review of your file. It could result in a change to your effective date or an entirely new rating that's more in line with how you feel.
It's also worth looking into an additional claim or a more thorough review if you're trying to argue that you deserve a disability rating of 100 percent or greater. A disability attorney can help you put together a compelling argument for this type of rating, which is reserved only for difficult to treat disabilities. For example, a mental health condition could qualify you for a 100% disability rating because it can cause marked interruption to work or periods of hospitalization. These don't typically trigger this kind of a rating for a cardiovascular illness or other medical issues.
Need Help with the Appeals Process
Despite what some people may think the denial of a disability claim by the VA is not the end of a person's chances to collect benefits. Former military personnel have a year to appeal a decision that is not favorable.
An experienced attorney for veterans can help a vet determine which of the current three appeal options would be the most appropriate for his situation. They can also help a vet get all the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention you require for your claim. They will also have extensive experience in managing VA disability claims, and are familiar with the rules and procedure completely. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans. This can result in a unique type of empathy which could help in the resolution of an issue involving veterans' disability.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we can help you. Call us today to set up your complimentary evaluation.
