20 Tips To Help You Be More Efficient With Veterans Disability Law
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A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal against an appeal denied.
Choose a lawyer for veterans that is solely dealing with these cases and who is familiar with the VA's system inside out. 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 nexus. There are a variety of evidence that you could prove the connection, such as medical records as well as independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is supported by experts who are impartial.
It is simpler to prove a direct connection when injuries or illnesses were sustained while serving in the military. For instance, if were hit in the head in the course of your service and suffer headaches and concussions, there is a strong connection between those events and your current condition.
It is harder to get connected to a service if you have an existing condition that got worse while you were in military service. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to provide expert medical evidence that is "clear and undeniable".
Appealing a denied application
After submitting an application and submitting medical evidence, the VA will examine the case. The VA will typically issue the decision of approving or disapproving benefits. If the decision is unfavorable, the veteran has one year to make a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three review options that include the supplemental claim, the higher-level review or a direct appeal to the Board of veterans disability lawsuit' Appeals.
When deciding on the right New York veterans disability lawyer, be sure to consider whether they are familiar with your military experiences and the traditions of the armed forces. This can make it easier for you and lessen the need to explain your situations and experiences in layman's terms.
You need a firm that will handle your case throughout the multi-year appeals process. Beware of companies that will only help you with the initial stages of your claim, and then go away.
An experienced New York veterans' disability attorney can assist you through all phases of the claim, including appeals. They can help you submit additional medical evidence, request an official hearing, and also represent you at any Board meetings to ensure that your case will be handled in a fair and fair manner. They can also help you obtain benefits like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
Receiving a Better Rating
It may happen that your disability gets worse or your symptoms are more severe. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can help you with this process and help gather evidence to prove your claim.
It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. If they miss an injury that you suffer from or miss a condition that could be linked with other disabilities to earn higher ratings It's a good idea to have an expert review your records to identify any mistakes.
Even even if it's been more than one year since you made your initial rating decision, you can file a higher-level review or supplemental claim. These can include a review of your entire dossier, which could result in changes to the effective date of your claim and an updated rating that is more true to the feelings you have.
It's also worth looking into an additional claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. A disability lawyer can help make a convincing case for this rating which is only available for the most serious disabilities. A mental health issue like this one, for instance, may qualify you for a 100 percentage disability rating since it can interfere with employment or result in frequent hospitalizations that do not normally trigger this level for a heart problem or other medical conditions.
Getting Help with the Appeals Process
Despite what some think that denial of an appeal for disability by the VA is not the end of an individual's chances to recover benefits. Former military personnel have a year to appeal an outcome that is not favorable.
An experienced veteran disability attorney can assist a veteran to determine which of the three pathways for appeal would be best for his particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They may also give a veteran a more formal hearing in front of a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a lot of experience in dealing with VA disability claims, and they understand the rules and procedures inside out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This can lead to a particular type of empathy which can help improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Contact us today to arrange your complimentary evaluation.