14 Misconceptions Common To Veterans Disability Law
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Veterans Disability Lawyers (Http://Mariskamast.Net)
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.
Select a veteran disability lawyer that is experienced 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 approve disability benefits only if you prove that the condition is a result of your military service. This is referred to as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME), or nexus letter from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by impartial experts.
It is much easier to establish a direct service connection when injuries or illnesses occurred while you were in the military. For example, if you were hit in the head in the course of your service and suffer headaches and concussions, there is a clear link between these events and your current condition.
It is difficult to be service-connected if there was an existing condition that got worse while you were in military service. To prove that your service has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denied Application
After filing an application and submitting medical evidence The VA will review the application. The VA usually issues the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given a year to submit a notice of disagreement. A disability attorney for veterans can assist the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of veterans disability attorneys' Appeals.
When choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and military's culture. This will make the process more relaxed and less demanding for you to explain your experience and the circumstances in layman's terms.
You also need a company that will work on your case throughout the entire duration of your appeal. Be wary of companies that assist you in the first stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. 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 will be handled fairly. They can also assist you in obtaining you benefits, such as cash compensations, aid or education benefits, attendance benefits, or unemployment.
Receiving a Better Rating
It is possible that your disability becomes more severe or your symptoms become more severe. It is logical in this instance to seek an increase in the rating. A veteran disability lawyer can help you with this process and assist you to gather evidence to prove your claim.
It's not unusual for the VA to make mistakes that lead to a lower disability rating than you're entitled to. It's worth contacting an expert to review your records for mistakes. They might have missed an injury or left out any issue that could have been in conjunction with another condition to get an increase in rating.
You are still able to file a higher-level claim or review if you have been evaluated for more than a calendar year. These can include a review of your entire dossier, which can result in changes to the effective date of your claim and a new rating more accurate to your personal feelings.
It's also worth seeking an additional claim or a more thorough review if you deserve a disability rating of 100 percent or higher. A disability lawyer can help make a convincing case for this rating that is reserved for the most serious disabilities. For instance the mental health issue could qualify you for 100% disability ratings because it can cause a significant disturbance to your job or frequent periods of hospitalization. These don't normally trigger such rating for cardiovascular condition or other medical problem.
Helping with the Appeals Process
Contrary to what many people believe that denial of an appeal for disability by the VA isn't the end of a person's chances to get benefits. Former service members have a year to appeal the decision if it is not favorable.
An experienced lawyer for veterans can assist a veteran in determining which of the three current appeals routes is best for their case. They can also help with gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They can even assist veterans with a formal hearing before an Veterans Law Judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim demands. They will also have extensive experience dealing with VA disability claims, and they know the rules and procedure completely. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a unique kind of empathy that may enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to schedule your free assessment.
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.
Select a veteran disability lawyer that is experienced 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 approve disability benefits only if you prove that the condition is a result of your military service. This is referred to as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME), or nexus letter from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by impartial experts.
It is much easier to establish a direct service connection when injuries or illnesses occurred while you were in the military. For example, if you were hit in the head in the course of your service and suffer headaches and concussions, there is a clear link between these events and your current condition.
It is difficult to be service-connected if there was an existing condition that got worse while you were in military service. To prove that your service has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denied Application
After filing an application and submitting medical evidence The VA will review the application. The VA usually issues the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given a year to submit a notice of disagreement. A disability attorney for veterans can assist the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of veterans disability attorneys' Appeals.
When choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and military's culture. This will make the process more relaxed and less demanding for you to explain your experience and the circumstances in layman's terms.
You also need a company that will work on your case throughout the entire duration of your appeal. Be wary of companies that assist you in the first stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. 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 will be handled fairly. They can also assist you in obtaining you benefits, such as cash compensations, aid or education benefits, attendance benefits, or unemployment.
Receiving a Better Rating
It is possible that your disability becomes more severe or your symptoms become more severe. It is logical in this instance to seek an increase in the rating. A veteran disability lawyer can help you with this process and assist you to gather evidence to prove your claim.
It's not unusual for the VA to make mistakes that lead to a lower disability rating than you're entitled to. It's worth contacting an expert to review your records for mistakes. They might have missed an injury or left out any issue that could have been in conjunction with another condition to get an increase in rating.
You are still able to file a higher-level claim or review if you have been evaluated for more than a calendar year. These can include a review of your entire dossier, which can result in changes to the effective date of your claim and a new rating more accurate to your personal feelings.
It's also worth seeking an additional claim or a more thorough review if you deserve a disability rating of 100 percent or higher. A disability lawyer can help make a convincing case for this rating that is reserved for the most serious disabilities. For instance the mental health issue could qualify you for 100% disability ratings because it can cause a significant disturbance to your job or frequent periods of hospitalization. These don't normally trigger such rating for cardiovascular condition or other medical problem.
Helping with the Appeals Process
Contrary to what many people believe that denial of an appeal for disability by the VA isn't the end of a person's chances to get benefits. Former service members have a year to appeal the decision if it is not favorable.
An experienced lawyer for veterans can assist a veteran in determining which of the three current appeals routes is best for their case. They can also help with gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They can even assist veterans with a formal hearing before an Veterans Law Judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim demands. They will also have extensive experience dealing with VA disability claims, and they know the rules and procedure completely. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a unique kind of empathy that may enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to schedule your free assessment.
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