14 Misconceptions Commonly Held About Veterans Disability Law
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Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal against the denial of your claim.
Choose a veteran disability attorney who specializes in these cases and veterans disability lawyer is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it can be established that your condition is related to your military service. This is known as a nexus. There are many types of evidence you could prove this connection, such as medical records, independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered to be service-connected due the absence of or insufficient records. These cases require the assistance of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is backed by independent experts.
It is easier to prove that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.
However, it's more difficult to get connected if you suffer from an existing medical condition that got worse while you were in the military. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denied Application
After submitting an application and submitting medical evidence, the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three possible review options -- a supplemental claim, higher-level review or a direct appeal to the Board of veterans disability settlement' Appeals.
When choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experiences and veterans disability lawyer the traditions of the armed forces. This can help you feel more comfortable and less demanding for you to explain your experiences and situations in layman's terms.
You also need a company who will remain on your case throughout the entire duration of your appeal. Be wary of firms that only assist you with the first stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing and assist you at any Board meetings to ensure that your case will be handled without prejudice. They can also help you obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployability benefits.
Achieving a Higher Rating
There might come a time when your disability gets worse or your symptoms become more complicated or broad. It is logical in this scenario to ask for a higher rating. A lawyer for veterans' disability can assist in that process, and assist you in finding evidence to justify your request.
It's not common for the VA to make mistakes that lead to an lower disability rating than you deserve. If they overlook an injury you've suffered or miss a condition which could be linked to other disabilities to receive a higher rating It's worthwhile to have a professional look over your records to identify any mistakes.
Even if it's been more than a year since your initial rating decision, you still have the option of filing an additional review or claim. These can include a review of your entire file which can result in modifications to your effective date as well as an updated rating that is more true to your personal feelings.
It's also worth pursuing an additional claim or higher-level review if you believe you are entitled to a disability rating of 100 percent or more. An attorney for disability can help you put together an argument that supports this kind of rating, which is reserved only for debilitating disabilities. For example mental health issues could be a reason to get an absolute disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that don't normally trigger such a rating for a cardiovascular condition or other medical problem.
Getting Help with the Appeals Process
Despite what some people may believe that denying an appeal for disability by the VA is not the end of an individual's chances to collect benefits. Former veterans have one year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current appeals options is best for their case. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide veterans with a more formal hearing before an Veterans Law Judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim deserves. They will also have extensive experience in handling VA disability claims, and they are aware of the rules and procedure completely. Some attorneys are veterans, so they know the challenges that disabled veterans face. This can lead to a particular kind of empathy that can help improve the outcome of a veterans disability attorneys' disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Contact us now to schedule your complimentary evaluation.
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal against the denial of your claim.
Choose a veteran disability attorney who specializes in these cases and veterans disability lawyer is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it can be established that your condition is related to your military service. This is known as a nexus. There are many types of evidence you could prove this connection, such as medical records, independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered to be service-connected due the absence of or insufficient records. These cases require the assistance of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is backed by independent experts.
It is easier to prove that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.
However, it's more difficult to get connected if you suffer from an existing medical condition that got worse while you were in the military. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denied Application
After submitting an application and submitting medical evidence, the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three possible review options -- a supplemental claim, higher-level review or a direct appeal to the Board of veterans disability settlement' Appeals.
When choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experiences and veterans disability lawyer the traditions of the armed forces. This can help you feel more comfortable and less demanding for you to explain your experiences and situations in layman's terms.
You also need a company who will remain on your case throughout the entire duration of your appeal. Be wary of firms that only assist you with the first stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing and assist you at any Board meetings to ensure that your case will be handled without prejudice. They can also help you obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployability benefits.
Achieving a Higher Rating
There might come a time when your disability gets worse or your symptoms become more complicated or broad. It is logical in this scenario to ask for a higher rating. A lawyer for veterans' disability can assist in that process, and assist you in finding evidence to justify your request.
It's not common for the VA to make mistakes that lead to an lower disability rating than you deserve. If they overlook an injury you've suffered or miss a condition which could be linked to other disabilities to receive a higher rating It's worthwhile to have a professional look over your records to identify any mistakes.
Even if it's been more than a year since your initial rating decision, you still have the option of filing an additional review or claim. These can include a review of your entire file which can result in modifications to your effective date as well as an updated rating that is more true to your personal feelings.
It's also worth pursuing an additional claim or higher-level review if you believe you are entitled to a disability rating of 100 percent or more. An attorney for disability can help you put together an argument that supports this kind of rating, which is reserved only for debilitating disabilities. For example mental health issues could be a reason to get an absolute disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that don't normally trigger such a rating for a cardiovascular condition or other medical problem.
Getting Help with the Appeals Process
Despite what some people may believe that denying an appeal for disability by the VA is not the end of an individual's chances to collect benefits. Former veterans have one year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current appeals options is best for their case. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide veterans with a more formal hearing before an Veterans Law Judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim deserves. They will also have extensive experience in handling VA disability claims, and they are aware of the rules and procedure completely. Some attorneys are veterans, so they know the challenges that disabled veterans face. This can lead to a particular kind of empathy that can help improve the outcome of a veterans disability attorneys' disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Contact us now to schedule your complimentary evaluation.
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