Why Veterans Disability Lawsuit Isn t As Easy As You Imagine
Veterans Disability Legal Help
A New York veterans disability lawyer can help you navigate the bureaucracy of VA. A New York veterans disability lawyer will help you obtain medical records that are private as well as other evidence needed to win your case.
Your disability rating will determine the amount of the compensation you receive. It will be based on the severity of your condition and if it stops you from being able to work and carry out normal activities.
Service Connection
If you are able to demonstrate that your disability is due to your military service, you may be eligible for monthly monetary compensation. The amount you're awarded depends on a variety of factors such as your disability score and the number of individuals who are considered dependents. It is important to understand the different types benefits you can receive if your disability is determined to be a result of service. A lawyer for veterans will assist you in getting the funds you require.
To prove service connection, you must present medical evidence that proves that the current condition is a result of an injury or illness that occurred on active duty or was aggravated by it. You can be considered service-connected if you had a preexisting disease or disorder that was discovered in the medical exam to be a prerequisite to the military but was later aggravated due to certain events. To prove a medical deterioration requires an opinion from a physician that proves the increase was not caused by the natural progress of the condition.
Many illnesses or conditions are presumed to be the result of incidents that occurred during service, such as cancers that are linked to Agent Orange exposure, Gulf War conditions and PTSD. These conditions are referred as presumptive and require proof that you were in active duty for at minimum 90 days or were a prisoner of the war for a specific amount of time.
Appealing a Denial
It can be frustrating to be informed that your claim for disability benefits, like compensation, allowances, education benefits, unemployment and a special monthly compensation, has been denied. It can be difficult for you to navigate the VA's bureaucracy in order to obtain the disability rating you are entitled to. Our lawyers can help you in filing an appeal and discuss the reasons why your claim was not granted and the reasons for this, such as lack of evidence.
Our lawyers have vast experience in the VA claim process. They can guide you through the entire process and represent you at the Board of Veterans Appeals, and the Court of Appeals for Veteran Claims.
During the review, you could require additional evidence that proves that your disability is due to service. This can be done by filling out Form 20-0996 and listing the issues that you consider were not addressed in the initial denial. This is a great opportunity to show that the initial decision was not correct and that you are entitled to the benefits you've requested.
During this time we will help you navigate the VA's complicated rules and regulations to ensure your claim is handled correctly. We can also help you determine how to combine your VA benefits with Social Security.
How to Claim?
The process of filing for benefits is usually complicated and time-consuming. The VA requires that veterans submit a thorough list of all their conditions and injuries that are for the veterans' benefit, as well as evidence linking those ailments to their service. A competent lawyer can make the difference between a claim being approved or denied.
If you are denied by your local VA office, your attorney can appeal the decision and veterans disability law firm request a higher-level review. Your attorney may suggest that you submit additional evidence to back up your claim. This could include medical records that are not current, statements from friends and family members, police reports or military records, or additional medical clinic and hospital records.
Your attorney can assist in completing the SF 180 form, which is used to request your claim record from your local VA office. This document should contain all the pertinent information on your medical history and current symptoms you are experiencing, along with a rationale for the reason you believe that these issues relate to your service.
Congress created the VA disability benefits process to be veteran friendly, which means there is no time limit on when an individual vet can file the claim for disability. However, you must meet certain requirements to receive compensation. These includes a minimum duration of service and a non-dishonorable discharge type.
Meeting with an attorney
Many veterans face a myriad of challenges when applying for disability benefits. They must navigate VA regulations and bureaucracy, while dealing with the stress of their medical issues and family problems. This can lead to mistakes in filling out forms, not submitting documents, or missing deadlines. A veteran disability lawyer can provide insights to help veterans avoid these mistakes and increase their chances of success.
An attorney can also aid an individual appeal a denied claim. There are three options for a decision review available to a veteran when they are not happy with the decision made on their claim: the Supplemental Claim option, a Higher-Level Review or a Board Appeal. A Colorado veterans disability law firm can advocate for you and examine your case to see what was wrong with the decision of the VA.
A disabled veteran could be eligible for monthly monetary compensation which is based upon their disability rating. They may also be eligible to receive Social Security benefits. If they are employed the employer must make reasonable accommodations to accommodate the needs of a disabled employee. This is in line with the ADA which restricts the power of an employer to ask for medical records and also prohibits discrimination in the workplace based on disability. A Colorado veterans disability law firm can help veterans find appropriate accommodations to their disability and gain the benefits they deserve.
