15 Presents For The Veterans Disability Law Lover In Your Life

duarte veterans disability attorney Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Choose a veteran disability lawyer who limits their practice to handling these cases and knows the VA’s system from top to bottom. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits only if you prove that the condition you have is connected to your military service. This is called a nexus. You can use different types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or an nexus letter from your current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and present evidence that is backed by independent experts.

It is easier to prove direct service connection for illnesses or injuries that occurred while you were in the military. For example, if you were struck in the head during your time in service and you are suffering from concussions and headaches, there is a strong connection between the two events and the current condition you are suffering from.

However, it is more difficult to get connected if you suffer from an existing medical condition that worsened while you were in the military. To show that your time in service aggravated or worsened a pre-existing medical condition, you’ll need to provide expert medical evidence that is “clear and undeniable”.

Appealing a Denied Application

After submitting an application and providing medical evidence, the VA will review the application. The VA usually issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to submit a Notice of Disagreement. A disability attorney for veterans can help the claimant navigate through the three decision review options: a supplemental claim or higher-level review, or a direct appeal before the Board of doral veterans disability law Firm‘ Appeals.

When choosing the right New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experiences and the traditions of the armed forces. This can make things easier for you and lessen the necessity to explain your circumstances and experiences in layman’s language.

You need a firm that will handle your case through the lengthy appeals procedure. Be wary of companies that help you with the initial stages of your claim and then vanish.

A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. 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 help you win you benefits like assistance, monetary compensations and attendance benefits, education benefits, or unemployedness.

Getting a Higher Rating

There may come a time when your disability becomes more serious, or your symptoms get more complicated or broad. In that situation it’s sensible to ask for a higher rating. A veterans disability lawyer can assist in that procedure, and assist you in locating evidence to justify your request.

It’s not common for the VA to make mistakes that lead to an under-reported disability rating than you deserve. It’s recommended to consult a professional to check your records for mistakes. They may have missed an injury or neglected to mention an issue that could be coupled with another disability to earn a higher rating.

You are still able to submit a higher-level claim or review if you have been rated for more than a calendar year. This involves a thorough review of your file. It could result in a change to your effective date or an entirely new rating that’s more in line with how you truly feel.

It’s also worth pursuing an additional claim or a more thorough review if you’re trying to argue that you are entitled to a disability rating of 100 percent or higher. A disability attorney can assist you in putting together an argument that is convincing for this type of rating which is reserved for very serious disabilities. A mental illness, for example, may qualify you for a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations that don’t normally trigger this level of severity for a heart issue or other medical condition.

Assistance with the Appeals Process

Contrary what some believe the fact that an VA denial of disability benefits doesn’t mean that an individual has no chance of recovering benefits. In fact, a former soldier has a year from the date their local veterans hospital or office mails them a denial to appeal.

An experienced veteran disability attorney can assist a veteran in determining which of the three options for appeal would be best for his case. They can also assist an individual vet put all the evidence required to convince a higher level reviewer that their previous decision was not correct. They can even provide a veteran with a more formal hearing before a Veterans Law Judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim deserves. They are also likely to have a vast experience handling VA disability claims and are aware of the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This creates a unique kind of empathy that may enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us today to schedule your free evaluation.