Calvin McColl спросил 8 месяцев назад
A veteran disability lawyer can help you through the entire claim process. From collecting medical and service evidence to filing an appeal on a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Select a veteran disability lawyer who specializes in these cases and is well-versed with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be proved that your condition is connected to your military service. This is referred to as a linkage. There are many types of evidence that you could prove the connection, such as medical records or independent medical exams (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are instances that veterans suffer from medically-determined disabilities, but cannot be considered service connected due to insufficient or missing records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is supported by experts who are independent.
It is simpler to establish a direct service connection when injuries or illnesses occurred while you were in the military. For instance, if you received a head injury 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 is more difficult to get service connected if you suffer from a pre-existing medical condition that worsened 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 that is «clear and irrefutable».
Appealing a Denial
After submitting an application and submitting medical evidence, the VA will review the application. It usually makes a decision which either approves or denies benefits. If the decision is unfavorable the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans’ disability can help the claimant navigate the three decision review options which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans’ Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the traditions of the armed forces when choosing a New York veterans’ disability lawyer. This can make things easier for you and decrease the necessity to explain your circumstances and experiences in layman’s terms.
You want a company that will handle your case throughout the multi-year appeals process. Beware of firms who only assist you with the initial stages of your claim, and then go away.
An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit additional medical evidence, request an official hearing, and also represent you at any Board meetings so that your case will be dealt with fairly. They can also help you obtain benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.
Earning a higher rating
There might come a time that your disability becomes more severe or your symptoms become more complex or broader. It makes sense in this scenario to ask for an increase in rating. A veterans disability lawyer can assist you in this process, and assist you in finding evidence to support your request.
It’s not uncommon to see the VA make mistakes, which can result in receiving a lower score than you deserve. If they overlook an injury that you suffer from or overlook a problem which could be linked to other disabilities to earn an improved rating It’s a good idea to have a professional look over your records to find any errors.
You may still file a higher-level claim and review if you have been assessed for more than a calendar year. These can include a review of your entire record, which could result in changes to your effective date as well as the creation of a new rating that is more precise to what you feel.
If you believe you deserve a rating of 100 percent or higher, it’s worth applying for a supplemental claim. A disability lawyer can assist you in putting together an argument that supports this type of rating, that is reserved for veterans Disability lawyers those with severe disabilities. For example mental health issues might qualify you for an absolute disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that don’t normally trigger this type of a rating for a cardiovascular illness or other medical issues.
Need Help with the Appeals Process
Contrary to what some may believe contrary to what many may think, the fact that a VA denial of disability benefits does not mean that a person is not eligible for benefits. In fact, a former servicemember is given one year from the date that the local veteran’s hospital or office mails them an unfavorable determination to appeal.
An experienced veterans disability lawyer can assist a veteran in determining which of the three current appeals routes is best for their case. They can also assist with gathering the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can give a veteran an additional formal hearing before an Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they’ll give you the attention and care that your claim demands. They also have a lot of experience in dealing with VA disability claims, and they understand the rules and procedures completely. Some lawyers are veterans disability lawsuit, so they know the challenges that disabled veterans face. This creates a unique type of empathy that may help improve the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us today for an appointment for a free evaluation.