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Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.
Choose a veteran disability lawyer who limits their practice to handling these cases and knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it's confirmed that your illness is directly related to your military service. This is referred to as relationship. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are times that veterans suffer from medically-determined disabilities, but they cannot be considered service connected due to the absence of or insufficient documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.
It is much easier to establish direct service connection for illnesses or injuries that occurred while you were in the military. If you've been injured while in the military and now suffer from headaches or concussions it is much easier to prove a direct service connection.
It is difficult to be service-connected if there was an existing condition that got worse while you were in military service. To prove that your time in military service worsened or aggravated an existing medical condition, you must supply expert medical evidence that rises to the level of "clear and unmistakable" evidence.
Appealing a Denial
After submitting an application and submitting medical evidence The VA will examine the case. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability lawyer can help the claimant navigate the three possible review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can make it easier for you and lessen the need to explain your situations and experiences in layman's terms.
You want a firm who will handle your case throughout the lengthy appeals procedure. Be wary of firms that assist you in the initial stages of your case, only to then vanish.
An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you claim benefits like monetary compensation aid and attendance, education benefits or unemployed benefits.
How do I obtain a higher rating
It could happen that your disability becomes worse or your symptoms are more severe. In this case it's logical to ask for a higher rating. A lawyer for veterans' disability can assist in that procedure, and assist you in locating evidence to prove your claim.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. If they miss an injury you have or overlook a problem that could be linked with other disabilities to get an increase in rating It's worthwhile to have an expert look over your records to look for errors.
You are still able to make a higher-level claim, or review if you've been evaluated for more than a calendar year. These involve a full review of your file. It could result in changes to your effective date or a new rating that's more in line with how you truly feel.
It's also worth pursuing an additional claim or a higher-level review if you're arguing that you're entitled to a disability rate of 100 percent or more. An attorney for disability can help you put together an argument that is convincing for this kind of rating, that is reserved for those with severe disabilities. For instance the mental health issue might qualify you for a 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization, which don't usually trigger this level of rating for cardiovascular illness or other medical issues.
Help with the Appeals Process
Contrary to what some believe contrary to what many may think, an VA denial of disability benefits does not mean that the person is not eligible for benefits. In fact, a former servicemember is given one year from the date the local veterans' hospital or office mails them an unfavorable determination to file an appeal.
A skilled veterans disability attorney can assist a veteran to determine which of the three pathways for appeal is best for his particular situation. They can also help veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not right. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim requires. They also have a vast experience handling VA disability claims and know the rules and procedures both inside and outside. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans Disability law firms face. This creates a unique kind of empathy, which can make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to arrange your complimentary evaluation.
A veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.
Choose a veteran disability lawyer who limits their practice to handling these cases and knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it's confirmed that your illness is directly related to your military service. This is referred to as relationship. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are times that veterans suffer from medically-determined disabilities, but they cannot be considered service connected due to the absence of or insufficient documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.
It is much easier to establish direct service connection for illnesses or injuries that occurred while you were in the military. If you've been injured while in the military and now suffer from headaches or concussions it is much easier to prove a direct service connection.
It is difficult to be service-connected if there was an existing condition that got worse while you were in military service. To prove that your time in military service worsened or aggravated an existing medical condition, you must supply expert medical evidence that rises to the level of "clear and unmistakable" evidence.
Appealing a Denial
After submitting an application and submitting medical evidence The VA will examine the case. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability lawyer can help the claimant navigate the three possible review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can make it easier for you and lessen the need to explain your situations and experiences in layman's terms.
You want a firm who will handle your case throughout the lengthy appeals procedure. Be wary of firms that assist you in the initial stages of your case, only to then vanish.
An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you claim benefits like monetary compensation aid and attendance, education benefits or unemployed benefits.
How do I obtain a higher rating
It could happen that your disability becomes worse or your symptoms are more severe. In this case it's logical to ask for a higher rating. A lawyer for veterans' disability can assist in that procedure, and assist you in locating evidence to prove your claim.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. If they miss an injury you have or overlook a problem that could be linked with other disabilities to get an increase in rating It's worthwhile to have an expert look over your records to look for errors.
You are still able to make a higher-level claim, or review if you've been evaluated for more than a calendar year. These involve a full review of your file. It could result in changes to your effective date or a new rating that's more in line with how you truly feel.
It's also worth pursuing an additional claim or a higher-level review if you're arguing that you're entitled to a disability rate of 100 percent or more. An attorney for disability can help you put together an argument that is convincing for this kind of rating, that is reserved for those with severe disabilities. For instance the mental health issue might qualify you for a 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization, which don't usually trigger this level of rating for cardiovascular illness or other medical issues.
Help with the Appeals Process
Contrary to what some believe contrary to what many may think, an VA denial of disability benefits does not mean that the person is not eligible for benefits. In fact, a former servicemember is given one year from the date the local veterans' hospital or office mails them an unfavorable determination to file an appeal.
A skilled veterans disability attorney can assist a veteran to determine which of the three pathways for appeal is best for his particular situation. They can also help veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not right. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim requires. They also have a vast experience handling VA disability claims and know the rules and procedures both inside and outside. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans Disability law firms face. This creates a unique kind of empathy, which can make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to arrange your complimentary evaluation.
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