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15 Reasons Not To Ignore 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 evidence to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system inside and out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it can be confirmed that your illness is related to your military service. This is referred to as a nexus. There are many types of evidence that you could prove the connection, such as medical records as well as independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire case and submit evidence backed by unbiased experts.

It is simpler to prove that there is a direct connection to your service for injuries or illnesses that you sustained while in the military. For instance, if were hit in the head while serving and are now suffering headaches and concussions there is a direct link between these events and your current condition.

However, it is more difficult to get connected if you have a pre-existing medical condition that grew worse while in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence that is "clear and undeniable".

Appealing an Denial

The VA will review your application after you have submitted your application and submitted medical evidence. It usually issues a decision that either approves or denies benefits. If the decision is not in favor the veteran is given one year to submit a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Take into consideration whether they are familiar with your military experience and army's culture. This can make it simpler for you and lessen the necessity to explain your circumstances and experiences in layman's terms.

You need a firm that will be working on your case throughout the multi-year appeals process. Beware of firms who only assist you with the initial stages of your claim and then vanish.

An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits or unemployment benefits.

Achieving a Higher Rating

It may happen that your disability becomes worse or your symptoms get more severe. It is logical in this instance to seek an increase in your rating. A veteran disability lawyer can assist you with this process and help you collect evidence to back your claim.

It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. It's recommended to consult an expert to examine your records for mistakes. They might have missed an injury or left out the issue that could be added to another condition to get an even higher rating.

Even if it's been more than one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This includes a review of your entire file, which could result in modifications to your effective date and a new rating more accurate to what you feel.

If you believe that you are entitled to a rating of 100 percent, or more, it's worth requesting a supplemental claim. A disability lawyer can help build a strong case for this rating, which is reserved only for the most serious disabilities. For instance mental health issues could be a reason to get an absolute disability rating because it could cause significant interruption to work or periods of hospitalization that don't usually trigger this level of a rating for a cardiovascular condition or other medical problem.

Need help with the Appeals Process

Contrary to what many believe the fact that a VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former veteran can wait one year from date that the local veteran's hospital or office mails them a negative decision to file an appeal.

An experienced veterans disability attorney can assist a veteran in determining which of the three options for appeal would be best for his particular situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even provide veterans with a more formal hearing before a Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim needs. They will also have extensive experience in managing VA disability claims, and they understand the rules and procedure inside out. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This can create a special type of empathy which could help in the resolution of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to schedule an appointment for a free evaluation.

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