10 Misconceptions Your Boss Holds Regarding Veterans Disability Law

Veterans Disability Lawyers [Http://Arikkeu.Com]

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

Choose a lawyer for veterans who is specialized in dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition is linked to your military service. This is known as a "nexus. There are many types of evidence to prove this connection. These include medical records, independent health assessments (IME), or an nexus note from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence backed by unbiased experts.

It is simpler to prove direct service connection for injuries or illnesses which occurred while in the military. For instance, if received a head injury while serving and are now suffering from concussions and headaches, there is a direct link between these events and your current condition.

However, it's more difficult to be connected if you have a pre-existing medical condition that became worse when you were in the military. To prove that your service time caused or aggravated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undisputed".

Appealing a denied application

The VA will review your case after you have submitted your application and provided medical proof. The VA usually issues a decision approving or denying benefits. If the decision isn't favorable, the veteran is given one year to submit a notice of disagreement. A disability lawyer for veterans can assist the applicant navigate the three decision review options -- the supplemental claim, the 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 a New York veterans' disability lawyer. This will make it easier for you and lessen the necessity to explain your circumstances and experiences in layman's terms.

You also need a company who will remain on your case for the entire duration of your appeal. Be wary about firms that help you with the initial stages of your case, only to then go away.

An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, ask for an official hearing, and represent you in any Board sessions to ensure that your case is handled without prejudice. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, educational benefits, or unemployedness.

Achieving a Higher Rating

It could be that your disability gets worse or your symptoms become more severe. It makes sense in this case to request an increase in rating. A lawyer for veterans can assist in that process, and they can assist you in finding evidence to justify your request.

It's not uncommon to see the VA make mistakes, which can result in a lower rating than you deserve. It's a good idea to hire an expert to examine your records for any errors. They could have missed an injury or missed an issue that could be in conjunction with another condition to get an even higher rating.

Even if it's been more than one year since your initial rating decision, you can file a higher-level review or supplemental claim. This could include a thorough review of your entire dossier, that could lead to modifications to your effective date and a new rating more accurate to what you feel.

If you believe that you are entitled to a rating of 100 percent or more, it's worth applying for a supplemental claim. A disability lawyer can help you build a strong case for this rating, which is reserved only for the most debilitating disabilities. For example mental health issues might qualify you for a 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that do not normally trigger such the rating for a heart illness or other medical issues.

Need help with the Appeals Process

Contrary what some believe the fact that contrary to what some may believe, a VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. Former service members have a year to appeal any decision that isn't favorable.

An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options is best for his particular situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer that the previous decision was not right. They may even be able to 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 years of experience dealing with VA disability claims and know the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans have to face. This creates a distinct type of empathy, which can enhance the outcome of a case involving a disabled veteran.

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