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A New York veterans disability lawyer can help you deal with the bureaucracy at the VA. The legal professional can also assist you in obtaining medical records and other proofs needed to succeed in your claim.
The amount of money you are paid will be contingent on the severity of your disability. This will be determined based on how severe your condition is and if it stops you from being able to work and carry out normal activities.
Service Connection
If you are able to prove that your disabling condition is due to your military service, you may be entitled to monthly monetary compensation. The amount you receive is determined by various aspects, including your disability rating as well as how many dependents you have claimed. It is crucial to know the various types of benefits you could get after your disability is declared to be service-connected. A veteran's disability lawyer can assist you receive the funds you need.
To establish service connection, you must present medical evidence that proves that your current condition is the result of an injury or illness that occurred during active duty or was aggravated by it. You can be service-connected even in the event that you have a preexisting disease or disorder, which was found in the medical exam to be a prerequisite to the military, but was later aggravated by certain events. To prove that a medical condition has deteriorated requires an opinion from a doctor that proves the increase was not caused by the natural progression of the disease.
Many illnesses or conditions are believed to be the result of events that took place during the military service, including cancers related to Agent Orange exposure, Gulf War conditions, and PTSD. These are referred to as presumptive conditions and require proof that you served at least 90 days in active duty or were in prison for the prescribed length of time.
Appealing a denied application
If you receive a letter that your disability claim for benefits like compensation and allowances as well as educational benefits, unemployment and special monthly compensation have been denied It can be extremely frustrating. It can be difficult for you to navigate the VA's bureaucracy order to get the disability rating you are entitled to. Our attorneys can help you submit an appeal and provide the reasons behind why your claim was denied. This includes the lack of evidence.
Our lawyers have a wealth of experience in the VA claims process. They can help you through the entire process and advocate for you before the Court of Appeals for Veteran Claims and the Board of Veterans Appeals.
During the review process, you may be required to provide new and relevant evidence to prove that your disability is due to service. You can complete this process by filling in the Form 20-0996 and listing the concerns you think were not addressed when the initial denial was issued. This is a great way to show that the initial decision was erroneous and that you are entitled to the benefits that you have sought.
In this period we can assist you navigate the VA's complicated rules and regulations to ensure your claim is properly handled. We can also help determine how to combine your VA benefits with Social Security.
How to File a Claim
The process of filing for benefits is lengthy and complicated. The VA requires a thorough list of all illnesses and injuries for which a veteran is seeking benefits, with evidence linking the conditions to his or his or her service. A lawyer on your side can mean the difference between a successful claim and one that is denied.
If you are denied by the local VA office, your lawyer may file an appeal and request an additional level of review. Your attorney may recommend that you submit additional evidence to support your case. This could include medical information, statements by relatives and friends, reports from law enforcement agencies, military records, and other medical clinic or hospital records.
Your attorney can help you with submitting the SF 180 form which is used to request your claim record from your local VA office. This document should contain all pertinent information about your medical history, current symptoms and what you believe are related to your service.
Congress designed the VA disability benefits process to be a benefit for veterans therefore there is no deadline for a veteran to claim. However, you must meet specific requirements to receive compensation, which includes a minimum duration of service and a non-dishonorable discharge type.
Meeting with an attorney
Many veterans face daunting issues when requesting disability benefits. As they deal with medical problems and family issues, they have to navigate VA regulations and bureaucracy. This can lead them to make mistakes when filling out forms, submitting documents or not meeting deadlines. A veteran disability lawyer can offer advice that can help veterans avoid these mistakes and increase their chances of success.
An attorney can also help veterans appeal a denial. There are three decision review options available to a veteran when they are not happy with the outcome of their claim: the Supplemental Claim option, a Higher-Level Review or a Board Appeal. A Colorado veterans disability law firm can advocate for you and review your case to determine what is wrong with the VA's decision to deny your claim.
A disabled veteran could be qualified for monthly monetary compensation which is based on their disability rating. They may also be eligible to receive Social Security benefits. If they are employed the employer must make reasonable accommodations to accommodate the request of a disabled employee. This is in line with the ADA which limits an employer's ability to ask for medical information and also prohibits discrimination on the basis of disability. A Colorado veterans disability law firm can help veterans obtain the proper accommodations for their condition and receive the benefits they deserve.