10 Misconceptions That Your Boss May Have Regarding Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.
Choose a lawyer for veterans that is solely handling these cases and is aware of the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it can be proven that your condition is linked to your military experience. This is known as a nexus. You can use a variety of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health conditions). There are instances when veterans have medically determined disabilities, but cannot be considered service-connected due to incomplete or omitted records. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence backed by impartial experts.
It is much easier to establish that there is a direct connection to your service for illnesses or injuries that you sustained while in the military. For instance, if received a head injury during service and now suffer headaches and concussions there is a strong connection between the two events and the current condition you are suffering from.
However, it's more difficult to get connected if you have an existing medical condition that worsened when you were in the military. To prove that your military service worsened or aggravated a pre-existing illness you must provide a doctor's medical evidence that is at the level of "clear and irrefutable" proof.
Appealing a Denied Application
The VA will review your application after you have submitted your application and submitted medical evidence. The VA will typically issue the decision of approving or disapproving benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A lawyer for veterans' disabilities can assist the claimant in navigating the three review options -- an additional claim, a more extensive review or Veterans disability attorneys an appeal directly 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 military's culture when selecting a New York veterans disability lawyers' disability lawyer. This will make the process more relaxed and eliminate the need for you to talk about your experiences and the circumstances in layman's terms.
You want a firm who will be working on your case throughout the long appeals process. Beware of firms who only assist you in the initial stages of your claim and then go away.
An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, file an official hearing, and represent you at any Board meetings so that your case will be dealt with in a fair and fair manner. 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
There may come a time that your disability becomes more severe, or your symptoms get more complex or broader. It is logical in this case to request an increase in rating. A veterans disability lawyer can assist with this process, and help you dig up evidence to support your request.
It's not unusual for the VA to make mistakes that result in a lower rating than you deserve. If they miss an injury that you suffer from or overlook a problem which could be linked to other disabilities to get a higher rating it's important to have an expert look over your records to look for mistakes.
Even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your file. It could result in a change to your effective date or a new rating that's more accurate to what you really feel.
It's also worth looking into an additional claim or a higher-level review if you're arguing that you're entitled to a disability grade that is 100 percent or more. A disability lawyer can help you develop an argument that supports this type of rating which is reserved only for difficult to treat disabilities. For example an illness that is mental could be a reason to get a 100% disability rating because it could cause significant interruption to work or periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular disease or other medical issue.
Need help with the Appeals Process
Despite what some believe the denial of a disability claim by the VA isn't the end of a person's chances to receive benefits. Former veterans have one year to appeal a decision that is not favorable.
An experienced attorney for veterans can assist a vet in determining which of the three appeals options would be best for his situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an extra formal hearing front of a veterans disability law Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim requires. They also have a wealth of experience handling VA disability claims, and are familiar with the rules and procedures completely. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans disability attorneys (mouse click the following webpage) have to face. This can result in a unique kind of empathy that could help in the resolution of an appeal for veterans' disability.
Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims for free to determine whether we can assist you. Contact us today to set up your complimentary evaluation.
