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Veterans Disability Lawsuit Disability Legal Help
A New York veterans disability lawyer can help you deal with the bureaucracy that is the VA. The lawyer can assist you in obtaining private medical records and other evidence needed to be successful in your case.
The monetary compensation you receive will depend on your disability rating. This will depend on the severity of your condition as well as the extent to which it affects you from working and perform normal activities.
Service Connection
If you are able to prove that your disabling condition is due to your military service, you may be eligible for monthly compensation. The amount of compensation you get is determined by a variety of factors, such as the severity of your disability and the number of dependents you claim. It is essential to be aware of the various types of benefits you may receive once your disability is declared to be service-connected. A veteran's disability lawyer can assist you receive the funds you need.
To prove service connection, you have to present medical evidence to prove 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 also possible to be service-connected by having a medical condition or disorder that was preexisting and found in the medical exam required for military service and was later aggravated by specific incidents while on active duty. To prove a medical decline requires a medical opinion that shows that the increase wasn't caused by the natural progression of the condition.
Many conditions or diseases are believed to be caused by circumstances that occurred while in service, including cancers attributed to Agent Orange exposure, Gulf War conditions and PTSD. These are called presumptive conditions and require proof that you have served at least 90 continuous days of active duty or were imprisoned for the prescribed amount of time.
Appealing a Denied Application
If you receive a letter that your disability claim for benefits such as compensation and allowances and educational benefits, unemployed and a special monthly payment has been denied and you are disappointed, it can be a sigh of relief. The VA is a big bureaucracy and it can be difficult to get through the process and receive the disability rating you deserve. Our lawyers can help you with filing an appeal and addressing the reasons that your claim was not granted for lack of evidence.
Our lawyers have vast experience in the VA claim process. They can guide you through the entire process and represent you in the Board of Veterans Appeals, and the Court of Appeals for Veteran Claims.
During the review process, you may be required to provide additional and relevant evidence to demonstrate that your disability is due to service. 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 denial was issued. This is a fantastic opportunity to prove that the initial decision was not correct, and you are entitled to the benefits you have demanded.
During this period we can help you with navigating the VA's complicated rules and regulations to ensure your claim is dealt with correctly. We can also help determine how to combine your VA benefits with Social Security.
The process of filing a claim
The filing process is often lengthy and complicated. The VA requires that veterans provide a complete list of all ailments and injuries for the benefit of veterans, and evidence that ties those injuries to their service. An attorney on your side can mean the difference between a successful claim and one that is denied.
If you are denied by the local VA office, your lawyer may file an appeal and request an additional level of review. Your attorney may suggest that you submit additional evidence to back up your claim. This could include new medical data or statements from friends and family members, police reports or military records, as well as medical clinic and hospital records.
Your attorney can assist with completing the SF 180 form which is used to request your claims records from your local VA office. This document should include all the pertinent information on your medical history as well as the current symptoms you are experiencing, with a description of the reasons you believe these issues are related to your service.
Congress created the VA disability benefits process to be veterans friendly, so there is no time limit when a vet can bring an claim for disability. However you must meet certain conditions to be eligible for benefits, which includes a minimum duration of service and a non-discountable discharge type.
Meeting with an attorney
Veterans face many challenges when attempting to apply for disability benefits. While dealing with their family problems and medical issues, they are required to navigate VA bureaucracy and rules. This can lead them to make mistakes when filling out forms, submitting proof or missing deadlines. A veteran disability lawyer can offer advice that can help veterans avoid these mistakes and increase their chances of success.
A veteran may also make an appeal an appeal that has been denied with the help of an attorney. Veterans have three options for re-evaluating a decision if they are not satisfied with the outcome. They can file an Supplemental claim, ask for an upper-level review, or appeal to the Board. A Colorado veterans disability lawyer can help you fight and examine your case to determine what went wrong with the VA denial.
A veteran who has a disability may be qualified for monthly monetary compensation that is based on their disability rating. They may also qualify for Social Security benefits. If they are employed by their employer, they must provide reasonable accommodations upon request by the employee to accommodate the needs of a disabled person. This is in accordance to the ADA which limits the ability of an employer to ask for medical records and prevents discrimination because of disability. A Colorado veterans disability law firm can assist veterans disability law firms seek the appropriate accommodations to their disability and gain the benefits they are entitled to.