14 Common Misconceptions About Veterans Disability Law
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Veterans Disability Lawyers
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 help you throughout the entire claim process.
Choose a veterans disability attorney who focuses their practice on handling these cases and is aware of the VA's system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if they can prove that the condition is related to your military service. This is called a nexus. There are different types of evidence that you could use to show this connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be 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 claim and provide evidence backed by impartial experts.
It is easier to establish a direct connection when illnesses or injuries occurred while you served in the military. For instance, if you suffered head injuries during service and now suffer headaches and concussions, there is a clear connection between the two events and your current condition.
However, it is harder to get connected if you suffer from a pre-existing medical condition that grew worse when you were in the military. To prove that your service caused or aggravated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually issues a ruling 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 veterans disability attorney can help the claimant navigate through the three decision review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
When selecting when choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and the culture of the armed forces. This can make the process more comfortable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.
You want a firm who will handle your case throughout the multi-year appeals procedure. Be wary about firms that assist you with the initial phases of your case and then disappear.
An experienced New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to obtain benefits like monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How can I get a better rating
There may be a point that your disability becomes more severe or your symptoms become more complicated or broad. In that situation it's logical to request an increase in your rating. A veterans disability lawyer can help with that procedure, and help you find evidence to justify your request.
It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. Whether they accidentally miss an injury or miss a condition which could be linked to other disabilities to earn an increase in rating It's a good idea to have an expert review your records to spot any mistakes.
Even the fact that it's been more one year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These include a review of your entire file, which could result in modifications to your effective date and an updated rating that is more true to your personal feelings.
If you believe that you are entitled to a rating of 100 percent or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help you create a compelling case for this rating, which is reserved only for the most severe of disabilities. For example an illness that is mental could qualify you for a 100% disability rating because it could cause significant interruption to work or periods of hospitalization that do not normally trigger this type of rating for cardiovascular condition or other medical problem.
Getting help with the Appeals Process
Contrary to what many people think that denial of an application for disability benefits by the VA isn't the end of an individual's ability to collect benefits. In fact, a former veteran is given one year from the date that the local veteran's hospital or office sends them a negative decision to file an appeal.
An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options is best for his particular case. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They can give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They are also likely to have extensive experience handling VA disability claims and understand the rules and procedures both inside and outside. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that may improve the outcomes of a disability claim for veterans disability law firms.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to set up your complimentary evaluation.
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 help you throughout the entire claim process.
Choose a veterans disability attorney who focuses their practice on handling these cases and is aware of the VA's system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if they can prove that the condition is related to your military service. This is called a nexus. There are different types of evidence that you could use to show this connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be 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 claim and provide evidence backed by impartial experts.
It is easier to establish a direct connection when illnesses or injuries occurred while you served in the military. For instance, if you suffered head injuries during service and now suffer headaches and concussions, there is a clear connection between the two events and your current condition.
However, it is harder to get connected if you suffer from a pre-existing medical condition that grew worse when you were in the military. To prove that your service caused or aggravated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually issues a ruling 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 veterans disability attorney can help the claimant navigate through the three decision review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
When selecting when choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and the culture of the armed forces. This can make the process more comfortable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.
You want a firm who will handle your case throughout the multi-year appeals procedure. Be wary about firms that assist you with the initial phases of your case and then disappear.
An experienced New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to obtain benefits like monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How can I get a better rating
There may be a point that your disability becomes more severe or your symptoms become more complicated or broad. In that situation it's logical to request an increase in your rating. A veterans disability lawyer can help with that procedure, and help you find evidence to justify your request.
It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. Whether they accidentally miss an injury or miss a condition which could be linked to other disabilities to earn an increase in rating It's a good idea to have an expert review your records to spot any mistakes.
Even the fact that it's been more one year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These include a review of your entire file, which could result in modifications to your effective date and an updated rating that is more true to your personal feelings.
If you believe that you are entitled to a rating of 100 percent or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help you create a compelling case for this rating, which is reserved only for the most severe of disabilities. For example an illness that is mental could qualify you for a 100% disability rating because it could cause significant interruption to work or periods of hospitalization that do not normally trigger this type of rating for cardiovascular condition or other medical problem.
Getting help with the Appeals Process
Contrary to what many people think that denial of an application for disability benefits by the VA isn't the end of an individual's ability to collect benefits. In fact, a former veteran is given one year from the date that the local veteran's hospital or office sends them a negative decision to file an appeal.
An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options is best for his particular case. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They can give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They are also likely to have extensive experience handling VA disability claims and understand the rules and procedures both inside and outside. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that may improve the outcomes of a disability claim for veterans disability law firms.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to set up your complimentary evaluation.
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