Five Veterans Disability Lawsuit Lessons From Professionals

veterans disability lawsuits Disability Legal Help

A New York veterans' disability lawyer can help you with dealing with the bureaucracy at the VA. Legal professionals can assist you in obtaining medical records and other evidence necessary to be successful in your case.

Your disability rating will determine the amount of the compensation you receive. It will be based on the severity of your condition as well as the extent to which it affects you to be able work and carry out normal activities.

Service Connection

If you can prove that your disability is related to your military service, you may be entitled a monthly monetary compensation. The amount you get is determined by several factors such as your disability score and the number of people that you claim as dependents. It is important to understand the different kinds of benefits you could receive in the event that your disability is found to be service-connected. A lawyer for veterans can help you get the money you need.

To establish service connection, you have to present medical evidence that proves that the condition you are experiencing is a result of an injury or illness that occurred while on active duty or was aggravated by it. It is possible to be service-connected when you have an existing condition or disorder that was discovered in the medical exam to be a prerequisite to the military but was aggravated later by a specific event. To prove medical aggravation, you must have a medically-specific opinion that confirms that the rise is not caused by natural progress of the underlying condition.

Many illnesses or conditions are believed to be the result of events that occurred in service, such as cancers that are linked to Agent Orange exposure, Gulf War conditions and PTSD. These are known as presumptive diseases, and they require proof that you have served at least 90 consecutive days of active duty or were imprisoned for the prescribed length of time.

Appealing a denied application

It can be frustrating to be informed that your claim for disability benefits, including allowances, compensation, educational benefits, unemployment and a special monthly compensation, has been denied. It can be difficult for you to navigate the VA's bureaucracy order to get the disability rating that you deserve. Our lawyers can help you with filing an appeal and explain the reasons why your claim was rejected and the reasons for this, such as lack of evidence.

Our lawyers have a breadth of experience in the VA claims process. They can assist you through the entire process, and represent you before the Court of Appeals for Veteran Claims and the Board of Veterans Appeals.

During the review process, you could be required to provide new and relevant evidence to prove that your disability is service-related. You can complete this by filling out the form 20-0996 and listing the issues you believe were not addressed at the time the initial decision was made. This is a great opportunity to prove that the initial decision was erroneous and that you're entitled the benefits you've sought.

During this time we will help you navigate the VA's complex rules and regulations to ensure your claim is dealt with properly. We can assist you in understanding the benefits of combining your VA benefits with Social Security.

How to Claim?

The process of filing for benefits can be complex and time-consuming. The VA requires a thorough list of all the illnesses and injuries for which the veteran is seeking benefits, along with evidence linking the ailments to his or the service. A skilled lawyer can make the difference in whether a claim is approved or denied.

If you are denied by the local VA office, your lawyer may file an appeal to request an additional level of review. Your attorney may suggest you provide additional evidence to support your argument. This could include medical information including statements from your relatives and friends, reports from law enforcement agencies or military records, and additional hospital or medical clinic records.

Your attorney can assist you with completing the SF 180 form that is used to request your claims records from your local VA office. The form should contain all relevant information regarding your medical history, current symptoms, and what you believe are related to your service.

Congress created the VA disability benefits system to be veteran friendly, which means there is no time limit for when a vet can bring an claim for disability. However, you must meet certain requirements to receive compensation. These include an obligation to serve for a certain amount of time and the discharge must not be dishonorable.

Meeting with an attorney

Veterans face a variety of challenges when they apply for disability benefits. They must navigate VA rules and bureaucracy while dealing with the stress of their medical conditions and family problems. This can lead them to make mistakes when completing forms, submitting evidence or missing deadlines. A veteran disability lawyer can provide guidance that can help veterans avoid these mistakes and increase their chances of success.

A veteran may also appeal a claim that has been denied by an attorney. There are three decision review options that a veteran can choose from if they aren't satisfied with the decision of their claim: A Supplemental Claim, Higher-Level Review or a Board Appeal. A Colorado veterans disability law firm will fight for you and review your case to see what is wrong with the VA's denial.

A veteran who has a disability could be eligible for monetary compensation per month that is based on their disability rating. They may also be eligible for Social Security benefits. If they are employed and their employer provides reasonable accommodations when requested by the employee to accommodate any disability. This is in accordance to the ADA which restricts the power employers to request for medical records and prohibits discrimination in the workplace based on disability. A Colorado veterans disability law firm can help veterans seek the appropriate accommodations for their condition and obtain the benefits they deserve.