How To Save Money On Veterans Disability Law
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A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.
Select a veteran disability lawyer that specializes in these cases and is familiar with the VA system. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it is established that your condition is directly related to your military service. This is referred to as a nexus. There are many types of evidence you could prove this connection, including medical records as well as independent medical examinations (IME) and letters from current health professionals or therapists (especially for mental health issues). There are instances where veterans disability lawyer are diagnosed with medical disabilities, but are unable to be service connected because of insufficient or missing records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and submit evidence that is backed by independent experts.
It is much easier to prove an immediate connection with your service to illnesses or injuries that occurred while in the military. If you suffered injuries during your military service and now suffer from headaches or concussions, it is easier to prove a direct service connection.
It is a lot more difficult to become service-connected if you had a pre-existing condition that worsened during your military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to present medical evidence from an expert that is "clear and irrefutable".
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually makes a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to make a formal complaint. A disability lawyer for veterans can help the claimant navigate the three review options including a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This can make it easier for you and lessen the requirement to explain your situation and experiences in layman's.
You also need a company who will continue to work on your case throughout the entire appeals process of several years. Be wary of firms that assist you in the first stages of your claim and then go away.
An experienced New York veterans' disability attorney can assist you at all stages of the claim and appeals. They can assist you in submitting more medical evidence, request an official hearing, and also represent you in any Board meetings to ensure your case will be dealt with in a fair manner. They can also help you win you benefits such as monetary compensations, aid and education benefits, attendance benefits, or unemployment.
Getting a Higher Rating
There might come a time where your disability gets more severe or your symptoms become broader or more challenging. In that situation it's sensible to seek an increase in your rating. A lawyer for veterans can assist you in this procedure, and assist you in finding evidence to prove your claim.
It's not uncommon for the VA to make errors, which could result in an under-rated rating than you deserve. It's worth getting an expert to look over your records for mistakes. They may have missed an injury or neglected to mention a problem which could be added to another disability to earn an increase in rating.
Even even if it's been more than one year since the initial rating decision, you can file an additional review or claim. These are a thorough examination of your dossier and may result in changes to your effective date or an entirely new rating that's more accurate to what you truly feel.
It's also worth looking into an additional claim or a higher-level review if you're trying to argue that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can assist you to make a convincing case for this rating, which is reserved only for the most debilitating of disabilities. A mental health issue such as depression, for instance, could qualify you for a 100 percent disability rating, as it could hinder your employment or result in frequent hospitalizations that would not normally trigger this level of severity for a heart problem or other medical conditions.
Help with the Appeals Process
Contrary to what some believe the fact that contrary to what some may believe, a VA denial of disability benefits doesn't mean that an individual isn't eligible to receive benefits. Former service members have one year to appeal a decision that is not favorable.
An experienced veteran disability attorney can assist a vet in determining which of the three pathways for appeal would be best for his situation. They can also help a vet get the evidence they need to convince a higher-level reviewer that their previous decision was not right. They can provide a veteran an additional formal hearing front of an Veterans Law judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim demands. They are also likely to have extensive experience dealing with VA disability claims, and they know the rules and procedures inside and out. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This creates an unique type of empathy, which can improve the outcomes of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Call us today to set up your free assessment.