Ian Darley спросил 8 месяцев назад
veterans disability lawsuits Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From assembling medical and service evidence to filing an appeal of the denial of your claim.
Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with the VA’s system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits only if you prove that the condition you suffer from is a result of your military service. This is referred to as nexus. There are a variety of evidence that you can prove the connection, including medical records and independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health conditions). There are times when veterans have medically determinable disabilities, but cannot be considered service-connected due to the absence of or insufficient records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and submit evidence that is backed by independent experts.
It is easier to establish a direct connection when illnesses or injuries occurred while you served in the military. For example, if you were hit in the head during your time in service and you are suffering from concussions and headaches, there is a clear connection between these events and your current condition.
It is more difficult to be connected to the military if you suffered from an existing medical condition that was worsened during your military service. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is «clear and undisputed».
Appealing an Denial
The VA will review your case after you have submitted your application and provided medical evidence. The VA typically issues an approval or denial of benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three review options that include an additional claim, a higher-level review, or a direct appeal to the Board of Veterans’ Appeals.
When selecting when choosing a New York veterans disability lawyer Make sure you consider whether they understand your military experience and army’s culture. This can make things easier for you and decrease the need to describe your experiences and experiences in layman’s terms.
You’ll want a firm that will be working on your case throughout the multi-year appeals procedure. Beware of firms that only assist you with the initial phases of your case and then go away.
An experienced New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, file an official hearing and assist you at any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also assist in obtaining you benefits such as monetary compensations, aid and education benefits, attendance benefits, or unemployability.
How can you get a better rating
There might come a time when your disability gets worse or your symptoms become more complex or veterans disability lawyer broader. It makes sense in this situation to ask for an increase in the rating. A veteran disability lawyer can assist you in this process and help you gather evidence to support your claim.
It’s not uncommon for the VA to make mistakes that result in an under-reported disability rating than you’re entitled to. If they overlook an injury or miss a condition that could be a combination of other disabilities in order to get a higher rating It’s worthwhile to have a professional look over your records to look for mistakes.
Even if it’s been more than one year since you made your initial rating decision, you can file a higher-level review or supplemental claim. This includes a review of your entire file, which could result in changes to your effective date, as well as a new rating that is more corresponding to your feelings.
It’s also worth seeking an additional claim or a more thorough review if you believe you deserve a disability rating of 100 percent or higher. A disability lawyer can help you develop a convincing argument for this type of rating, which is reserved for extremely severe disabilities. For instance, a mental health condition could qualify you for 100% disability ratings because it can cause a significant interruption to work or periods of hospitalization, which don’t normally trigger such rating for cardiovascular disease or other medical issue.
Assistance with the Appeals Process
Despite what some think that denying an application for disability benefits by the VA is not the end of a person’s chances to recover benefits. In fact, a former soldier has one year from the date that the local veteran’s hospital or office mails them an unfavorable determination to appeal.
A skilled veterans disability attorney can assist a vet in determining which of the three appeals options is best for his particular situation. They can also help veterans disability law firm gather the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an opportunity to have a formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention your claim requires. They also have extensive experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Additionally, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans have to face. This creates a unique type of empathy that may help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to assist you. Call us today to set up your free evaluation.