5 Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system from top to bottom. 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 suffer from is related to your military service. This is known as a nexus. There are various types of evidence you can use to show this connection, including medical records and independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed by independent experts.

It is much easier to prove that there is a direct connection to your service for injuries or illnesses that occurred while in the military. If you have been injured during your military service and now suffer from headaches and Veterans Disability concussions, it's easier to prove a direct service connection.

However, it's more difficult to get service connected if you have a pre-existing medical condition that worsened while you were in the military. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".

Appealing to a Denial

After submitting an application and submitting medical evidence The VA will review the application. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A veterans disability lawyer can assist the claimant through the three review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer Make sure you consider whether they can understand your military experience and the army's culture. This will help you feel more comfortable and less demanding for you to explain your experiences and situations in layman's terms.

You want a company that will take on your case throughout the lengthy appeals process. Beware of firms that only assist you in the initial stages of your claim and then go away.

An experienced New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also help you get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.

Getting a Higher Rating

There might come a time when your disability becomes more serious or your symptoms become more complex or broader. In this case it's logical to seek an increase in your rating. A veterans disability lawyer can assist with this procedure, and help you dig up evidence to prove your claim.

It's not unusual for the VA to make errors, which could result in a lower rating than you deserve. In the event that they fail to notice an injury you've suffered or miss a condition which could be linked to other disabilities in order to get an increase in rating It's a good idea to have an expert review your records to spot any mistakes.

You can still make a higher-level claim, or review if you've been assessed for more than a calendar year. This could include a thorough review of your entire file which could result in modifications to your effective date and a new rating more accurate to your feelings.

If you believe you deserve an assessment of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability lawyer can assist you to create a compelling case for this rating, which is reserved only for the most serious disabilities. For instance the mental health issue could be a reason to get an 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that don't normally trigger this type of a rating for a cardiovascular disease or other medical issue.

Need Help with the Appeals Process

Contrary what some believe the fact that contrary to what some may believe, a VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. Former veterans have one year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three appeals options is most appropriate for their particular situation. They can also assist veterans gather the evidence they need to convince a higher-level reviewer that the previous decision was incorrect. They can even provide veterans with a more formal hearing before an Veterans Law Judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim needs. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This creates a distinct type of empathy that may help improve the outcome of a veterans disability case.

The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claim for free to determine whether we can help you. Contact us today to arrange an appointment for a free evaluation.