Five Killer Quora Answers To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the claims process. From collecting medical and service proof to filing an appeal of the denial of your claim.
Choose a veterans disability attorney that is solely handling these cases and knows the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it is confirmed that your illness is related to your military service. This is called a nexus. There are a variety of evidence that you could demonstrate this connection, such as medical records as well as independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by independent experts.
It is simpler to prove the direct connection between your service and illnesses or injuries that occurred while you were in the military. For instance, if you received a head injury during service and now suffer headaches and concussions there is a strong connection between these events and the current condition you are suffering from.
However, it is more difficult to be connected if you suffer from an existing medical condition that worsened while in the military. To prove that your service has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denied Application
After submitting an application and providing medical evidence The VA will review the case. The VA will typically issue the decision of approving or disapproving benefits. If the decision is unfavorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three possible review options including an additional claim, a more extensive review, or a direct appeal to the Board of veterans disability law firms' Appeals.
When choosing when choosing a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the culture of the armed forces. This will help you feel more comfortable and less demanding for you to describe your experiences and situations in layman's terms.
You want a firm who will be working on your case throughout the long appeals procedure. Be wary of firms that assist you with the initial phases of your case and then vanish.
An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing, and Veterans Disability represent you at any Board meetings to ensure that your case is treated fairly. They can also help you claim benefits like monetary compensation, aid and attendance, education benefits or unemployability benefits.
How to get a higher rating
There may be a point where your disability gets more severe, or your symptoms get more complex or broader. In such a case it's logical to ask for a higher rating. A veterans disability lawyer can assist in that process, and can help you dig up evidence to back your request.
It's not uncommon for the VA make mistakes, which can result in being awarded a lower rating than what you deserve. It's worth contacting a professional to check your records for errors. They could have missed an injury or left out a problem which could be combined with another disability to receive an improved rating.
Even if it's been more than one year since you made your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These include a review of your entire dossier, which can result in modifications to your effective date, as well as the creation of a new rating that is more precise to your feelings.
It's also worth looking into an additional claim or a higher-level review if you're arguing that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can assist you to develop a compelling argument for this rating that is reserved for the most serious disabilities. For instance the mental health issue could be a reason to get 100% disability ratings because it can cause a significant interruption to work or periods of hospitalization that do not typically trigger this kind of a rating for a cardiovascular disease or other medical issue.
Assistance with the Appeals Process
Contrary to what some may believe that denial of an appeal for disability by the VA isn't the end of an individual's ability to recover benefits. Former service members have one year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can assist a veteran in determining which of the three appeals routes is the best option for their situation. They can also help a vet get the evidence together needed to convince a higher level reviewer that the previous decision was incorrect. They can also provide a veteran with an extra formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have years of experience handling VA disability claims, and they know the rules and procedures inside and out. Some lawyers are veterans disability law firm, so they are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that can sometimes help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us today to set up an evaluation for free.