5 Killer Quora Answers On Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claims process.
Choose a lawyer for veterans who limits their practice to handling these cases and knows the VA's system inside and out. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only offer disability benefits if it is established that your condition is related to your military service. This is known as a "nexus. There are a variety of evidence you could demonstrate this connection, including medical records and independent medical examinations (IME) and letters from current health professionals or therapists (especially for mental health issues). There are instances where veterans are diagnosed with medical disabilities, but cannot be service connected because of missing or incomplete documents. These cases require the help of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed by experts who are independent.
It is simpler to prove a direct service connection if injuries or illnesses occurred while you served in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it's easier to establish a direct connection to the service.
It is difficult to be service-connected if you had an existing condition that got worse during your military service. In order to prove that your service aggravated or made worse an existing illness, you must supply expert medical evidence that reaches 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 medical evidence. The VA typically issues a decision approving or denying benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant through the three possible review options -- an additional claim, a higher-level review or an appeal directly to the Board of veterans Disability Law Firms' Appeals.
When choosing when choosing a New York veterans disability lawyer, be sure to consider whether they can understand your military background and traditions of the armed forces. This can make it easier for you and decrease the necessity to explain your circumstances and experiences in layman's.
You should also choose a firm who will continue to work on your case throughout the entire multi-year appeals process. Be wary about firms that help you with the initial stages of your case, only to then vanish.
An experienced New York veterans' disability attorney can assist you at all stages of the claim, including appeals. They can assist you in submitting more medical evidence, file an official hearing and represent you at any Board meetings to ensure that your case will be dealt with without prejudice. They can also help you win you benefits, such as cash compensations, aid or attendance benefits, education benefits, or unemployment.
How can you get a better rating
It may happen that your disability gets worse or your symptoms get more severe. It is logical in this situation to ask for a higher rating. A veteran disability lawyer can help you with this process and help collect evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled. In the event that they fail to notice an injury or overlook a problem that could be linked with other disabilities to receive a higher rating It's a good idea to have a professional look over your records to identify any errors.
You may still file a higher-level claim and review if you've been given a rating for more than one calendar year. These can include a review of your entire record, which can result in modifications to your effective date and a new rating more accurate to your feelings.
If you believe you're entitled to a rating of 100 percent, or higher, you should consider seeking a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating which is reserved for the most debilitating of disabilities. A mental illness, for example, may be a reason to get a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations which are not typically triggering this level of a cardiovascular problem or other medical issues.
Getting help with the Appeals Process
Contrary to what some may think that denying claims for disability by the VA is not the end of a person's chances to recover benefits. In fact, a former military member is given one year from the date the local veterans disability lawsuits' hospital or office sends them an unfavorable determination to appeal.
An experienced veteran disability attorney can help a vet determine which of the three pathways for appeal is the best option for his particular situation. They can also help a vet get the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a more formal hearing before an veterans disability attorney Law Judge.
The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim requires. They are also likely to have extensive experience handling VA disability claims and are aware of the rules and procedures both inside and outside. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans. This can lead to a particular kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to arrange your free assessment.