veterans disability lawsuit Disability Lawyers (
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A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can help you throughout the entire claims process.
Select a veteran disability attorney that is experienced in these types of cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it can be proved that your condition is connected to your military service. This is known as a nexus. There are a variety of evidence you could demonstrate this connection, including medical records or independent medical exams (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and present evidence that is supported by experts who are independent.
It is easier to prove direct service connection for injuries or illnesses that occurred while you were in the military. For example, if you suffered head injuries in the course of your service and suffer headaches and concussions there is a clear connection between the two events and your current condition.
However, it's more difficult to get service connected if you suffer from an existing medical condition that worsened during your time in the military. In order to prove that your service aggravated or made worse a pre-existing illness you must provide a doctor's medical evidence that rises to the level of "clear and undeniable" proof.
Appealing a Denial
After submitting an application and submitting medical evidence, the VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can guide the claimant through the three review options: the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the traditions of the armed forces when selecting a New York veterans' disability lawyer. This can make it simpler for you and lessen the requirement to explain your situation and experiences in layman's.
You want a company that will take on your case throughout the long appeals procedure. Be wary about firms that assist you in the initial phases of your case and then go away.
A seasoned New York veterans' disability attorney can assist you through every stage of your claim, including appeals. 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 assist you to obtain benefits including monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How can I get a better rating
It could happen that your disability gets worse or your symptoms become more severe. It makes sense in this case to request an increase in rating. A veteran disability lawyer can assist you with this process and help gather evidence to back your claim.
It's not unusual to see the VA make mistakes, resulting in being awarded a lower rating than what you deserve. If they miss an injury you've suffered or overlook a problem that could be a combination of other disabilities in order to get a higher rating, it's worth having an expert look over your records to identify any errors.
Even the fact that it's been more one year since you made your initial rating decision, you still can file an additional review or claim. This includes a review of your entire file which may result in modifications to the effective date of your claim and the creation of a new rating that is more precise to the feelings you have.
If you think you're worthy of an assessment of 100 percent or higher, consider seeking a supplemental claim. A disability lawyer can help you put together an argument that supports this type of rating which is reserved only for debilitating disabilities. A mental health condition, for example, may make you eligible for a 100 percent disability rating, as it can hinder employment or trigger frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or other medical conditions.
Assistance with the Appeals Process
Contrary to what some believe Contrary to what some may believe, an VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former servicemember is given one year from the date that their local veterans hospital or office mails them a decision that is not favorable to appeal.
A skilled veteran disability lawyer can assist a veteran in determining which of the three ways to appeal is the best option for their situation. They can also assist with gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with an additional formal hearing front of an Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim demands. They also have extensive experience in dealing with VA disability claims, and they know the rules and procedures completely. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates an unique type of empathy that can help improve the outcome of a disability claim for
veterans disability law firms.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims for no cost to determine if we are able to assist you. Call us today to schedule your complimentary evaluation.