5 Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can assist you through the entire claims process.

Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you have is connected to your military service. This is referred to as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME), or an nexus note from current healthcare providers (especially in the cases of mental health issues). There are instances when veterans have medically determinable disabilities, but cannot be service connected because of insufficient or missing documents. These cases require the help of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is supported by experts who are impartial.

It is simpler to prove direct service connection for illnesses or injuries that you sustained while in the military. For instance, if you received a head injury while serving and are now suffering from concussions and headaches, there is a direct link between the events that led to the current condition you are suffering from.

However, it is more difficult to be connected if you have a pre-existing medical condition that got worse when you were in the military. To show that your time in service aggravated or worsened a pre-existing condition, you'll need to present medical evidence from an expert that is "clear and undeniable".

Appealing to a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant in navigating the three review options that include an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military experience and culture of the armed forces. This can make it easier for you and decrease the requirement to explain your situation and experiences in a layman's way.

You should also find a firm that will work on your case for the entire multi-year appeals process. Beware of firms that only help you with the initial stages of your case, only to then vanish.

A seasoned New York veterans disability law firms disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist you in obtaining you benefits such as financial compensations, aid and attendance benefits, education benefits, or unemployedness.

How do I obtain a higher rating

It could be that your disability gets worse or your symptoms get more severe. In that situation it's logical to ask for an increase in your rating. A veterans disability lawyer can assist in that process, and they can help you find evidence to back your request.

It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you deserve. In the event that they fail to notice an injury you've suffered or overlook a problem that could be combined with other disabilities in order to get an increase in rating It's a good idea to have an expert look over your records to find any errors.

Even the fact that it's been more one year since your initial rating decision, you still can file an additional review or claim. These can include a review of your entire file, which may result in changes to your effective date as well as a new rating that is more corresponding to the feelings you have.

It's also worth pursuing an additional claim or a higher-level review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can assist you to develop a compelling argument for this rating, which is reserved only for the most serious disabilities. For example an illness that is mental might qualify you for an absolute disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization. These don't usually trigger this level of rating for cardiovascular condition or other medical problem.

Need Help with the Appeals Process

Contrary to what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits doesn't mean that a person isn't eligible to receive benefits. Former service members have a year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current ways to appeal is most suitable for their case. They can also help veterans put the evidence they need to convince a higher level reviewer that the previous decision was incorrect. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a vast experience handling VA disability claims, and they know the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they understand veterans disability the issues disabled veterans have to face. This creates an unique type of empathy that can sometimes improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to assist you. Contact us today to arrange your complimentary evaluation.