10 Misconceptions Your Boss Holds Concerning Veterans Disability Law

10 Misconceptions Your Boss Holds Concerning Veterans Disability Law

Enriqueta 0 5 06.29 21:16
Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of a denied claim.

Choose a veteran disability lawyer that is solely handling these cases and is aware of the VA system from head to toe. 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 you suffer from is linked to your military service. This is called a relationship. You can use a variety of evidence to prove the connection. This includes medical records, independent health assessments (IME), or an nexus letter from your current health care providers (especially in the cases of mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but cannot be considered service-connected due to missing or incomplete records. These cases require the help of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are independent.

It is much easier to establish a direct connection when injuries or illnesses occurred while you were in the military. For instance, if you were hit in the head during service and now suffer headaches and concussions there is a strong connection between those events and your current condition.

However, it's more difficult to get service connected if you suffer from an existing medical condition that worsened when you were in the military. To prove that your time in service has aggravated or worsened an existing illness it is necessary to provide expert medical evidence that rises to the level of "clear and undeniable" proof.

Appealing to a Denial

After submitting an application and submitting medical evidence after which the VA will examine the case. It usually makes a decision that either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A disability lawyer for veterans can assist the claimant in navigating the three decision review options which include an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Take into consideration whether they can understand your military background and culture of the armed forces. This can make it simpler for you to understand and reduce the requirement to explain your situation and experiences in layman's terms.

You need a firm that will handle your case throughout the multi-year appeals procedure. Beware of firms who only help you with the initial stages of your case, and then vanish.

A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit more medical evidence, file an official hearing and assist you at any Board sessions to ensure that your case will be handled without prejudice. They can also help you win you benefits like monetary compensations, aid and attendance benefits, education benefits, or unemployability.

How do I obtain a higher rating

It is possible that your disability gets worse or your symptoms get more severe. In that case it's logical to seek a higher rating. A lawyer for veterans' disability can assist you in this process, and assist you in finding evidence to prove your claim.

It's not unusual for the VA to make errors, which could result in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury or miss a condition that could be combined with other disabilities to receive an improved rating It's worthwhile to have an expert look over your records to look for errors.

You may still file a higher-level claim and review if you have been evaluated for more than a calendar year. This involves a thorough review of your file and can result in the change of your effective date or an updated rating that is more in line with how you truly feel.

It's also worth pursuing a supplemental claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. A disability lawyer can help develop a compelling argument for this rating that is reserved for the most severe of disabilities. For instance mental health issues could be a reason to get a 100% disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization that don't typically trigger this kind of the rating for a heart disease or other medical problems.

Assistance with the Appeals Process

Contrary to what some may believe that denial of an appeal for disability by the VA isn't the end of an individual's chances to recover benefits. Former military personnel have a year to appeal any decision that isn't favorable.

A skilled veterans disability law firm disability attorney can help a vet determine which of the current three appeals options is the best option for his particular case. They can also help veterans gather the evidence together needed to convince a higher-level reviewer that their previous decision was not correct. They can give a veteran a more formal hearing in before an Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have a wealth of experience in handling VA disability claims and know the rules and procedures both inside and outside. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique kind of empathy that may improve the outcomes of a case involving a disabled veteran.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for free to determine whether we can assist you. Contact us today to arrange an appointment for a free evaluation.

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