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Navigating the VA disability claim process can be an overwhelming and frustrating experience for many veterans. The system is complex, filled with specific regulations, strict deadlines, and detailed requirements. While the goal of the VA is to provide support to veterans who have served this country, many applicants encounter denied claims and disappointing disability ratings.
If you are already dealing with the physical and emotional challenges of service-related injuries, the added stress of managing a disability claim can be too much to deal with alone. The good news is that a VA disability lawyer can help. Let our team help you pursue a 100 percent VA disability rating.
When to Contact a VA Disability Lawyer
The reality of the VA disability claim process is that you do not need an attorney at every step. In fact, an attorney generally cannot file your claim on your behalf. There are times—especially in less complicated cases—when filing a claim will result in a suitable rating.
The best time to involve experienced legal counsel is after the VA denies your initial claim. Alternatively, you can bring a lawyer on if you received a rating for your disability but you believe it to be unreasonably low.
Remember: a denial of your initial claim does not mean the door to benefits is closed forever. You have the opportunity to appeal, and this process is frequently successful. It is at this point where the support of a lawyer can make the biggest difference. Let our team assist with the VA disability appeals process.
Reasons to Hire a VA Disability Lawyer For Your Appeal
There are plenty of reasons why it is a good idea to hire a lawyer to handle your VA disability appeal. This is your final chance to secure the benefits you deserve, and a single misstep could upend the process completely.
Knowledge of VA Regulations
The VA disability claims process is governed by a complex set of laws, rules, and regulations that are challenging to navigate under the best of circumstances. Having an attorney with experience handling these cases is invaluable for navigating these frameworks, including the U.S. Code and VA regulations. Our firm understands how the VA defines terms like “service connection” and what evidence is required to meet these standards, ensuring that your appeal not only establishes your disability but links it to a service-related event.
In addition to mastering the VA’s rules, our attorneys are well-versed in case law and precedent-setting decisions that can provide leverage in appeals. If similar cases have been resolved favorably, a lawyer can use those outcomes to support your argument. This is especially important at the appellate level.
Simplifying a Complicated Process
There is no question that the VA disability claims process is complex. Even attorneys experienced with advocating on behalf of veterans can struggle at times to get answers or move a case forward. The system is full of complex legal terminology and intricate procedural requirements that can be difficult to follow.
One of the ways an attorney can simplify the process is by breaking down complicated legal language into clear, actionable terms. This ensures that you have a clear picture of what is happening during every phase of the case. By providing clarity, your attorney can make it easier to focus on the challenge ahead. This can reduce stress as you await a decision and improve your chances of securing the benefits you deserve.
Building a Strong Case
Even if you have no doubt that your condition is related to your military service, a successful claim starts with evidence. Your attorney can work to collect and develop the important documents and details in your case, including comprehensive medical records and statements from expert witnesses. Your attorney can also review your service history for evidence of a connection.
Finding a Doctor For Your VA Nexus Letter
One of the strongest pieces of evidence you can have on appeal is a nexus letter. These documents are used to establish a link between your disability and your military service. They can be written by physicians or specialists, although other medical professionals are also allowed to offer them in some cases. This includes physician assistants, nurse practitioners, and chiropractors.
The challenge is often finding a doctor to author your VA nexus letter. Some physicians are not willing to offer this service, while others are prevented from doing so by their employers. The right attorney could have connections to a network of medical professionals available to help with your case.
Identifying Errors in the VA’s Decision
One of the most critical ways a VA disability lawyer can help is by identifying errors in the VA’s decision-making process. Many claims are denied or rated incorrectly due to procedural mistakes, incomplete evaluations, or misunderstood evidence. Some denials boil down to simple errors like failing to read the conclusion of a VA nexus letter or losing part of the case file.
Once these errors are identified, an attorney can raise the issue on appeal. When necessary, they can provide additional evidence or documentation that explains how the original conclusion was mistaken. By ensuring that the VA follows its own rules and evaluates all relevant evidence, your attorney can push for a fair reassessment of your claim during the appeal.
Reach Out to Gang & Associates to Speak to a VA Disability Lawyer Today
If you are facing the denial of your VA disability claim, now is not the time to give up. It may still be possible to secure a 100 percent VA disability rating with the right team by your side.At Gang & Associates, we understand what these benefits mean to you. We believe that your service has entitled you to compensation based on your injuries. Contact us to learn more about how a VA disability lawyer can help.