Veterans Disability Legal Help
A New York veterans disability lawyer can assist you in navigating the bureaucracy that is the VA. A New York veteran disability lawyer can assist you in obtaining private medical records and other evidence required to win your case.
The amount of compensation you receive will depend on the severity of your disability. This will depend on the severity of your condition and whether or not it prevents you from working and carry out normal activities.
Service Connection
If you can prove that your disability is related to your military service you could be entitled to a monthly monetary settlement. The amount you get is determined by several factors which include your disability rating and the number of individuals that you claim as dependents. You must be aware of the different kinds of benefits you could receive if your disability is determined to be service-connected. A lawyer for veterans can assist you in obtaining the amount you require.
You must provide medical evidence to show that your current health issue is the result of an injury, illness or another medical condition that occurred while on active duty or that was aggravated as a result. You may be considered to be connected when you have a preexisting disease or disorder that was discovered on the medical entrance exam to the military, but was aggravated later by a specific event. To prove medical aggravation, you need to have a medically-specific opinion that indicates the increase is not caused by natural development of the condition.
There are a variety of ailments or diseases that are presumed to be caused by events in the service, such as cancers associated with Agent Orange exposure, conditions that resulted from the Gulf War, and PTSD. These conditions are known as presumptive and require proof that you were in active duty for at minimum 90 days, or a prisoner of the war for a specified period of time.
Appealing to a Denial
If you are given a notice that your claim for disability benefits such as compensation, allowances and educational benefits, unemployed and special monthly payments have been denied, it can be frustrating. The VA is a huge bureaucracy and it is difficult to navigate the process and get the disability rating you deserve. Our lawyers can assist you file an appeal and address the reasons behind why your claim was not granted. This includes the lack of evidence.
Our lawyers have a breadth of experience in the VA claims process. They can guide you through all steps of the process and represent you before the Board of Veterans Appeals, and the Court of Appeals for Veteran Claims.
During the review process, you could be required to provide new and relevant evidence to demonstrate that your disability is due to service. This can be accomplished by filling out Form 20-0996, and listing the issues you believe were not addressed in the original denial. This is an excellent opportunity to prove that the initial decision was erroneous, and that you have the right to the benefits that you sought.
In this time We can assist you in navigating the VA’s complicated rules and regulations so that your claim is processed correctly. We can also help understand how to combine your VA benefits with Social Security.
How to Claim?
The process of filing for benefits is complicated and time-consuming. The VA requires that veterans submit a comprehensive list of all their injuries and ailments for the benefit of veterans as well as evidence linking the injuries to their service. A competent attorney can make all the difference in a claim being 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 might suggest that you submit additional evidence to support your case. This could include medical records that are not current as well as statements from friends and family members, reports from law enforcement or military records, as well as medical clinic and hospital records.
Your attorney can help you submit the SF180 form to request your claim file from your local VA. The form should contain all relevant information regarding your medical past, current health issues and the reason why you believe they are connected to your service.
Congress designed the VA disability benefit process to be veteran-friendly which means there’s no time limit for veterans to claim. However, you must meet certain requirements in order to receive compensation. These includes a minimum duration of service and a non-dismissable discharge type.
Meeting with an Attorney
Veterans face a myriad of difficulties when applying to receive disability benefits. When they are dealing with medical problems and family issues, they have to navigate VA bureaucracy and rules. This can lead to mistakes when completing forms, submitting proof or missing deadlines. A veteran disability attorney can offer information that can assist veterans to avoid these mistakes and increase their chances of success.
An attorney can also help a veteran appeal a denial. Veterans have three options for reviewing the decision if they are not satisfied with the outcome. They can file an Supplemental claim, ask for a higher-level review or appeal to a Board. A Colorado veterans disability lawyer can help fight and examine your case to determine the cause of the VA denial.
A veteran who has a disability may be entitled to monthly monetary compensation which is based upon their disability rating. They may also be eligible for Social Security benefits. If they are employed the employer must provide reasonable accommodations when requested by the employee to accommodate any disability. This is in accordance with the ADA which restricts employers’ rights to request for medical information and also prohibits discrimination on the basis of disability. A Colorado veterans disability firm can help veterans to obtain the benefits and accommodations they deserve.
