5 Killer Quora Answers On Veterans Disability Law

5 Killer Quora Answers On Veterans Disability Law

Taylor 0 58 05.27 08:59
Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.

Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it is proven that your condition is related to your military service. This is known as a nexus. There are a variety of evidence you could prove the connection, including medical records as well as independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans disability law firms have medically determined disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire case and submit evidence that is backed up by independent experts.

It is simpler to prove direct service connection for illnesses or injuries that occurred while you were in the military. For instance, if you were struck in the head during your time in service and you are suffering 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 got worse during your time in the military. To prove that your time in the military aggravated or worsened a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undisputed".

Appealing to a Denial

The VA will review your case after you have submitted your application and provided medical proof. The VA usually issues the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can help the claimant navigate the three possible review options that include an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and the military's culture. This can make things easier for you and decrease the requirement to explain your situation and experiences in layman's.

You also need a company that will work on your case throughout the entire duration of your appeal. Beware of firms that assist you in the initial phases of your claim and then go away.

A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help win you benefits such as cash compensations, aid or attendance benefits, education benefits, veterans disability or unemployability.

Earning a higher rating

It could happen that your disability gets more severe or your symptoms become more severe. It makes sense in this situation to ask for Veterans disability an increase in your rating. A veterans disability lawyer can assist with this process, and can help you dig up evidence to back your request.

It's not unusual to see the VA make mistakes, which can result in receiving a lower score than you deserve. It's worth contacting an expert to look over your records for mistakes. They may have missed an injury or omitted a problem which could be combined with another disability to get a higher rating.

You are still able to file a higher-level claim and review if you have been assessed for more than a calendar year. This includes a review of your entire dossier, which could result in modifications to your effective date and a new rating that is more corresponding to your feelings.

It's also worth looking into a supplemental claim or higher-level review if you believe you're entitled to a disability grade of 100 percent or more. A disability attorney can assist you in putting together a convincing argument for this type of rating, which is reserved for extremely difficult to treat disabilities. A mental health problem such as depression, for instance, could be a reason to get a 100 percentage disability rating since it could hinder your employment or result in frequent hospitalizations that are not typically triggering this level for a heart problem or other medical conditions.

Getting help with the Appeals Process

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

An experienced veterans disability lawyer can assist a veteran in determining which of the three current appeals routes is most appropriate for their particular situation. They can also assist veterans disability attorneys put all the evidence required to convince a higher level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They will also have extensive experience dealing with VA disability claims, and they are aware of the rules and procedure inside out. Additionally, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates an unique type of empathy that may improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Contact us today to arrange your free evaluation.

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