Proving Service Connection
The VA will only approve disability benefits if they can prove that the condition you have is connected to your military service. This is referred to as nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health exams (IME) or a nexus letter from current health care providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and provide evidence backed by unbiased experts.
It is easier to prove the direct connection between your service and injuries or illnesses that occurred while in the military. For example, if you were struck in the head during service and now suffer headaches and concussions there is a direct link between those events and the current condition you are suffering from.
However, it’s more difficult to get service connected if you suffer from a pre-existing medical condition that got worse while you were in the military. In order to prove that your time in military service worsened or aggravated a pre-existing illness you must provide a doctor’s medical evidence that rises to the level of “clear and unmistakable” evidence.
Appealing a Denied Application
After filing an application and greenbrier veterans disability Attorney providing medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA typically issues the decision of approving or disapproving benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disparagement. A disability attorney for greenbrier veterans Disability attorney can assist the claimant through the three review options – a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans’ Appeals.
When choosing a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military’s culture. This will make it easier for you and lessen the need to describe your experiences and experiences in layman’s terms.
You want a company that will handle your case through the lengthy appeals process. Beware of firms that assist you with the first stages of your claim, and then vanish.
A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you claim benefits like monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How to get a higher rating
It may happen that your disability gets worse or your symptoms become more severe. In this case it is sensible to request an increase in your rating. A veteran disability lawyer can assist you with this process, and also help you gather evidence to support your claim.
It’s not uncommon to see the VA to make errors, which could result in a lower rating than you deserve. It’s a good idea to hire a professional to check your records for any errors. They could have missed an injury or neglected to mention the issue that could be combined with another disability to earn a higher rating.
You are still able to file a higher-level claim or review if you’ve been evaluated for more than a calendar year. These are a thorough examination of your file and can result in a change to your effective date or an entirely new rating that’s more in line with how you feel.
If you believe you’re entitled to a rating of 100 percent or higher, you should consider seeking a supplemental claim. A disability lawyer can assist you to develop a compelling argument for this rating which is only available for the most debilitating disabilities. For instance an illness that is mental might qualify you for an 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization, which don’t normally trigger this type of rating for cardiovascular disease or other medical problems.
Getting Help with the Appeals Process
Contrary to what many believe, an VA denial of disability benefits does not mean that an individual isn’t eligible to receive benefits. Former idaho veterans disability law firm have one year to appeal an outcome that is not favorable.
An experienced attorney for veterans can help a vet determine which of the three appeal options would be the most appropriate for his case. They can also help veterans gather all the evidence required to convince a higher level reviewer that the previous decision was incorrect. They can also provide a veteran with an opportunity to have a formal hearing before a Veterans Law judge.