10 Things People Hate About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against an appeal denied.

Choose a veteran disability lawyer that is solely dealing with these cases and firm who is familiar with the VA system from head to toe. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's confirmed that your illness is directly related to your military service. This is known as a "nexus. There are different types of evidence you can demonstrate this connection, including medical records as well as independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health conditions). Sometimes veterans disability law firms have medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is confirmed by experts who are impartial.

It is much easier to prove a direct service connection when injuries or illnesses occurred during your time in the military. For instance, if were struck in the head while serving and are now suffering from concussions and headaches, there is a clear link between the events that led to your current condition.

It is more difficult to be service-connected if you had a pre-existing condition that worsened during your military service. To prove that your time in service has aggravated or worsened an existing illness you must provide a doctor's medical evidence that rises to the level of "clear and irrefutable" proof.

Appealing a denied application

The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA will typically issue the decision of approving or disapproving benefits. If the decision is deemed unfavorable, the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disability can help the claimant navigate the three review options that include the supplemental claim, the higher-level review or a direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Make sure you consider whether they can understand your military experience and the culture of the armed forces. This will make the process more enjoyable and less demanding for you to describe your experiences and the circumstances in layman's terms.

You also want a firm that will continue to work on your case for the entire multi-year appeals process. Beware of firms that only assist you in the first stages of your claim, and then go away.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also assist you to win your benefits, including monetary compensation, aid and attendance, education benefits, or unemployment benefits.

How to get a higher rating

There may come a time that your disability becomes more severe, or your symptoms get broader or more challenging. It makes sense in this situation to ask for an increase in rating. A veteran disability lawyer can assist you in this process and help gather evidence to support your claim.

It's not uncommon for the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth getting an expert to look over your records for any errors. They may have overlooked an injury or omitted a problem which could be combined with another disability to get an improved rating.

Even when it's been over a year since your initial rating decision, you have the option of filing an additional review or claim. This involves a thorough review of your dossier and may result in a change to your effective date or an updated rating that is more in line with how you feel.

It's also worth seeking an additional claim or a more thorough review if you believe you are entitled to a disability rating of 100 percent or higher. An attorney for disability can help you put together an argument that is convincing for this kind of rating, which is reserved for very severe disabilities. For example mental health issues could be a reason to get an absolute disability rating due to the fact that it causes significant interruption to work or periods of hospitalization. These don't usually trigger this level of a rating for a cardiovascular disease or other medical issue.

Assistance with the Appeals Process

Despite what some believe that denial of a disability claim by the VA isn't the end of an individual's chances to get benefits. Former veterans have one year to appeal an outcome that is not favorable.

A skilled veterans disability attorney can assist a veteran to determine which of the current three options for appeal would be best for his case. They can also help a vet get the evidence they need to convince a higher-level reviewer that their previous decision was not right. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim needs. They are also likely to have a wealth of experience in handling VA disability claims, and they know the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This creates a unique kind of empathy that may improve the outcomes of a veterans disability law firms disability case.

Sullivan and Kehoe's team highly trained lawyers will review your VA disability claims for no cost to determine whether we can assist you. Contact us now to schedule an evaluation for free.