10 Misconceptions Your Boss Has Concerning Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.
Choose a lawyer for veterans who limits their practice to handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits only if you prove that the condition you suffer from is a result of your military service. This is called a relationship. There are many types of evidence to prove the connection. These include medical records, independent health assessments (IME), or the nexus letters from current healthcare providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed by independent experts.
It is much easier to prove that there is a direct connection to your service for illnesses or injuries which occurred while in the military. If you've been injured while in the military, and now suffer from headaches and concussions, it's much easier to prove a direct service connection.
However, it's more difficult to get connected if you have an existing medical condition that got worse during your time in the military. To prove that your service has aggravated or worsened a pre-existing illness You must present expert medical evidence that is at the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical evidence. The VA typically issues the decision of approving or disapproving benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer (76.farcaleniom.com) can help the claimant navigate the three decision review options which include an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and traditions of the armed forces. This can make things easier for you and decrease the requirement to explain your situation and experiences in a layman's way.
You should also choose a firm that will work on your case for the entire duration of your appeal. Be wary about firms that assist you in the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing and assist you in any Board meetings to ensure your case will be dealt with in a fair manner. They can also help you win your benefits, like monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Earning a higher rating
It could be that your disability gets more severe or your symptoms become more severe. In such a case, it makes sense to request an increase in your rating. A veterans disability lawyer can assist you in this process, and assist you in locating evidence to justify your request.
It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you're entitled. It's a good idea to hire an expert to examine your records for errors. They may have missed an injury or left out a problem which could be added to another disability to earn an improved rating.
You can still make a higher-level claim, or review if you've been evaluated for more than a calendar year. These can include a review of your entire file, which can result in modifications to your effective date and veterans disability Lawyer an updated rating that is more true to the feelings you have.
If you believe you're entitled to an assessment of 100 percent, or more, it's worth making a claim for supplemental benefits. A disability lawyer can help you create a compelling case for this rating which is only available for the most severe of disabilities. For example an illness that is mental could be a reason to get 100% disability ratings because it can cause marked interruption to work or periods of hospitalization. These don't usually trigger this level of rating for cardiovascular illness or other medical issues.
Need Help with the Appeals Process
Contrary to what some believe contrary to what many may think, the fact that a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. Former veterans have one year to appeal any decision that isn't favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current ways to appeal is the best option for their situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their previous decision was wrong. They may also give a veteran an opportunity to have a formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They are also likely to have a vast experience dealing with VA disability claims and understand the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates an unique type of empathy that can sometimes help improve the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Contact us now to schedule your complimentary evaluation.