5 Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.

Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows 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 offer disability benefits if it is proved that your condition is linked to your military experience. This is referred to as a nexus. You can use different types of evidence to prove this connection. This includes medical records, independent health assessments (IME), or the nexus letters from current healthcare providers (especially in the case of mental health problems). There are times when veterans suffer from medically determinable 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 lawyers who are able to present an entire claim and provide evidence that is backed by unbiased experts.

It is easier to prove that there is a direct connection to your service for injuries or illnesses that you sustained while in the military. For instance, if you were hit in the head in the course of your service and suffer headaches and concussions, there is a clear link between those events and your current condition.

However, it's more difficult to get service connected if you have an existing medical condition that grew worse while you were in the military. To prove that your military service worsened or aggravated a pre-existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. It usually makes a decision which either approves or denies benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the applicant navigate the three decision review options -- an additional claim, a higher-level review, or a direct appeal to the Board of veterans disability lawsuits' Appeals.

When deciding on a New York veterans disability lawyer Take into consideration whether they are familiar with your military background and army's culture. This will make it easier for you and reduce the need to describe your experiences and experiences in layman's.

You also need a company who will continue to work on your case for the entire appeals process of several years. Be wary of companies that assist you in the first stages of your case, only to then go away.

An experienced New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, file an official hearing and represent you at any Board meetings so that your case will be dealt with in a fair and fair manner. They can also assist you in obtaining you benefits like monetary compensations, aid and attendance benefits, education benefits, or unemployability.

Getting a Higher Rating

It could be that your disability gets worse or your symptoms are more severe. It is logical in this instance to seek a higher rating. A veterans disability lawyer can help with that process, and they can assist you in finding evidence to support your request.

It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled to. If they miss an injury or ignore a condition that could be linked with other disabilities to receive an increase in rating, it's worth having a professional look over your records to spot any errors.

Even even if it's been more than one year since your initial rating decision, veterans disability you still can file a higher-level review or supplemental claim. These can include a review of your entire record, which could result in changes to the effective date of your claim and the creation of a new rating that is more precise to your feelings.

If you think you're worthy of a rating of 100 percent or higher, consider making a claim for supplemental benefits. An attorney for disability can help you put together a compelling argument for this kind of rating, which is reserved only for severe disabilities. A mental health issue, for example, may qualify you for a 100 percent disability rating, as it can interfere with employment or result in frequent hospitalizations that would not normally trigger this level for a heart issue or other medical condition.

Helping with the Appeals Process

Contrary to what many believe Contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. In fact, a former military member is given one year from the date their local veterans hospital or office sends them a negative decision to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most suitable for their case. They can also assist veterans gather all the evidence required to convince a higher-level reviewer that their previous decision was not right. They can even assist a veteran 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 will give you the attention and care that your claim requires. They are also likely to have a wealth of experience in dealing with VA disability claims and understand the rules and procedures from top to bottom. Some attorneys are veterans, and therefore know the challenges that disabled veterans face. This creates a unique kind of empathy, which can 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. Contact us today to schedule an evaluation for free.