What Experts Say You Should Know
Veterans Disability Legal Help
A New York veterans' disability lawyer can help you with dealing with the bureaucracy of the VA. Legal professionals can assist you in obtaining private medical records and other evidence necessary to be successful in your case.
The amount you will receive will be contingent on your disability rating. This will depend on the degree of your illness and the extent to which it affects you from working and perform the normal daily activities.
Service Connection
If you are able to prove that your disabling condition is connected to your military service, you could be entitled to monthly monetary compensation. The amount you receive is determined by various factors, including your disability rating as well as how many dependents you claim. It is important to understand the different types of benefits that you can avail if your disability is determined to be a result of service. A lawyer for veterans can help you obtain the money you need.
You must provide medical proof to show that your current health issue is the result of an injury, illness, or other medical condition that occurred while on active duty, or was aggravated because of. It is possible to be service-connected in the event that you have a preexisting disease or disorder that was discovered on the medical entrance test to the military, but was aggravated later by certain events. To prove medical ailment, you must be able to provide a medical opinion that confirms that the rise is not due to the natural development of the condition.
Many diseases or conditions are presumed to be caused by circumstances that occurred while in military service, including cancers related to Agent Orange exposure, Gulf War conditions, and PTSD. These conditions are known 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 extremely frustrating to find out that your claim for disability benefits, including compensation, allowances, education benefits, unemployment or special monthly payments, have been rejected. The VA is a large bureaucracy and it can be difficult to get through the process and obtain the disability rating you deserve. Our lawyers can help submit an appeal and provide the reasons for why your claim was not granted. This could include a lack of evidence.
Our lawyers have a wealth of experience in the VA claim process. They will guide you through the entire process and also represent you in the Court of Appeals for Veteran Claims and the Board of Veterans Appeals.
During the review, it is possible that you will be required to present new evidence that proves that your disability is a result of service. You can complete this process by filling in the form 20-0996 and listing the issues you believe were not addressed when the initial decision was made. This is an excellent opportunity to prove that the initial decision made was incorrect and that you are entitled to the benefits that you have asked for.
During this period we can help you in navigating the VA's complicated rules and regulations, ensuring that your claim is processed correctly. We can also assist you to learn how to combine your VA benefits with Social Security.
How to Claim?
The process of filing for benefits is usually complex and time-consuming. The VA requires a detailed list of the illnesses and injuries for which a veteran is seeking benefits, with evidence linking the ailments to his or the service. An attorney on your side can make the difference between a successful claim or one that is rejected.
If you are denied by the local VA office, your attorney may file an appeal to request an appeal to a higher-level review. Your attorney might suggest that you provide additional evidence to back up your argument. This could include medical information, statements by friends and family, reports from law enforcement, military records, and additional medical clinic or hospital records.
Your lawyer can assist you to submit the SF180 form to request your claim record from your local VA. The form should include all the relevant information about your medical history and current symptoms you are experiencing, along with a rationale for the reasons why you believe these symptoms relate to your service.
Congress designed the VA disability benefits process to be veteran friendly, which means there is no time limit when the veteran can make an claim for disability. You must, however, satisfy certain conditions to be eligible for the benefits. This includes the requirement for a minimum time of service and a discharge that is not dishonorable.
Meeting with an attorney
Many veterans face daunting obstacles when they apply for disability benefits. As they deal with medical problems and family issues, they are required to navigate VA bureaucracy and rules. This can lead them to make mistakes when completing forms, submitting proof or missing deadlines. A veteran disability lawyer can provide advice that can help veterans avoid these mistakes and increase their chances of success.
An attorney may also be able to help a veteran appeal a denied claim. There are three options for a decision review that a veteran can choose from if they are not satisfied with the decision made on their claim: a Supplemental Claim, a Higher-Level Review, or a Board Appeal. A Colorado veterans disability law firm can fight on your behalf and analyze your case to determine what was wrong with the VA's denial.
Veterans with disabilities may be eligible for monthly monetary payment in accordance with the disability rating. They may also be eligible for Social Security benefits. If they are employed, their employer must offer reasonable accommodations upon request by the employee in order to accommodate the needs of a disabled person. This is in line with the ADA which restricts the power of employers to ask for medical records, and prohibits discrimination because of disability. A Colorado veterans disability law firm can assist a veteran seek appropriate accommodations for their condition and obtain the benefits they are entitled to.