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  • : Five Killer Quora Answers On Veterans Disability Law
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Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From assembling medical and service evidence to filing an appeal of an appeal denied.

Select a veteran disability attorney who is specialized in handling these cases and is aware of the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be proven that your condition is linked to your military experience. This is known as a nexus. There are different types of evidence that you could prove this connection, including medical records, independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by unbiased experts.

It is much easier to prove a direct connection when injuries or illnesses occurred while you were in the military. For instance, if you were hit in the head during service and now suffer headaches and concussions there is a strong connection between those events and your current condition.

It is more difficult to be service-connected if there was an existing condition that deteriorated during your military service. In order to prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that rises to the level of "clear and irrefutable" evidence.

Appealing a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A veteran's disability attorney can help the claimant navigate through the three review options - the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the military's culture when choosing a New York veterans' disability lawyer. This can make things easier for you and lessen the requirement to explain your situation and experiences in layman's terms.

You'll want a firm that will be working on your case throughout the long appeals process. Beware of firms that only assist you with the initial stages of your claim and then disappear.

A seasoned New York veterans' disability attorney can assist you through all phases of the claim and appeals. They can assist you in submitting additional medical evidence, request an official hearing and represent you at any Board sessions to ensure that your case will be handled fairly. They can also assist in obtaining you benefits like financial compensations, aid and education benefits, attendance benefits, or unemployedness.

How do I obtain a higher rating

It could be that your disability gets worse or your symptoms are more severe. It is logical in this scenario to ask for a higher rating. A lawyer for edinburg veterans disability attorney can help with that process, and can help you dig up evidence to support your request.

It's not unusual for the VA to make mistakes that result in receiving a lower score than you deserve. If they overlook an injury or ignore a condition which could be linked to other disabilities to receive an increase in rating It's worthwhile to have an expert look over your records to look for errors.

You may still file a higher-level claim or review if you have been given a rating for more than one calendar year. This could include a thorough review of your entire record, which could result in modifications to your effective date, as well as an updated rating that is more true to what you feel.

It's also worth pursuing an additional claim or a more thorough review if you believe you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help develop a compelling argument for this rating which is only available for the most severe of disabilities. A mental illness like this one, for instance, may qualify you for a 100% rating of disability because it could hinder your employment or result in frequent hospitalizations that would not normally trigger this level of severity for a heart problem or other medical conditions.

Need help with the Appeals Process

Contrary to what some may believe that denying a disability claim by the VA is not the end of an individual's ability to recover benefits. Former service members have one year to appeal a decision that is not favorable.

An experienced pella veterans disability law firm disability attorney can assist a vet in determining which of the three pathways for appeal is the best option for his situation. They can also assist veterans gather the evidence together needed to convince a higher-level reviewer that their previous decision was not right. They can give a veteran a more formal hearing in front of an Veterans Law judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim demands. They also have extensive experience managing VA disability claims, and are familiar with the rules and procedure inside out. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This creates an unique type of empathy that may enhance the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Contact us today to schedule your free assessment.

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