14 Misconceptions Common To Veterans Disability Law
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A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Choose a veteran disability lawyer who is specialized in these kinds of cases and is acquainted 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 only if you prove that the condition you have is connected to your military service. This is referred to as a nexus. There are various types of evidence you can prove this connection, including medical records or independent medical exams (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but are not connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and submit evidence backed by unbiased experts.
It is much easier to establish direct service connection for injuries or illnesses which occurred while in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.
It is difficult to be connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To prove that your service aggravated or made worse a pre-existing illness You must present expert medical evidence that is at the level of "clear and irrefutable" proof.
Appealing a denied application
The VA will review your case after you have submitted your application and submitted medical evidence. It usually makes a decision that either approves or denies benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disparagement. A disability lawyer for veterans can assist the claimant in navigating the three review options -- an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing the right New York veterans disability lawyer Be sure to think about whether they understand your military experiences and the army's culture. This can make the process more enjoyable and reduce the need for you to talk about your experiences and situations in layman's terms.
You'll want a firm that will be working on your case throughout the multi-year appeals procedure. Be wary of firms that only assist you in the initial phases of your claim and then vanish.
An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, file an official hearing and represent you at any Board meetings to ensure your case is handled in a fair and fair manner. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, education benefits, or unemployedness.
How do I obtain a higher rating
There may be a point that your disability becomes more severe, or your symptoms get broader or more challenging. In that situation it's sensible to request a higher rating. A lawyer for veterans' disability can help with that process, and help you find evidence to support your request.
It's not uncommon for the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth contacting a professional to check your records for errors. They may have overlooked an injury or missed an issue that could be added to another condition to get an increase in rating.
Even even if it's been more than a year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These include a review of your entire record, which can result in modifications to your effective date and an updated rating that is more true to the feelings you have.
If you think you're worthy of a rating of 100 percent or more, it's worth making a claim for supplemental benefits. An attorney for disability can help you develop an argument that is convincing for this kind of rating, which is reserved for very severe disabilities. A mental health condition, for example, may make you eligible for a 100% rating of disability because it could affect your job or result in frequent hospitalizations that are not typically triggering this level for a heart problem or any other medical condition.
Need help with the Appeals Process
Contrary to what many believe, an VA denial of disability benefits does not mean that an individual has no chance of recovering benefits. Former military personnel have a year to appeal the decision if it is not favorable.
A skilled veterans disability law firm disability attorney can assist a veteran in determining which of the current three appeals options would be the most appropriate for his particular case. They can also assist a vet get the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can even assist veterans with a formal hearing before an veterans disability lawsuits Law Judge.
The greatest 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 also have years of experience dealing with VA disability claims and know the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a unique type of empathy that may help improve the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Contact us today to schedule your free evaluation.