15 Surprising Stats About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claim process.
Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA system from head to toe. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it can be established that your condition is related to your military service. This is called a nexus. There are various types of evidence you could prove the connection, including medical records and independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.
It is much easier to establish a direct connection when illnesses or injuries occurred while you were in the military. If you suffered injuries in the military and you now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.
It is harder to get connected to the military if you suffered from an existing condition that deteriorated during your military service. In order to prove that your service aggravated or made worse an existing medical condition, you must supply expert medical evidence that reaches the level of "clear and irrefutable" evidence.
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 not favorable, the veteran is given a year to submit a notice of disagreement. A highland heights veterans disability lawsuit disability attorney can guide the claimant through the three decision review options: either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the tradition of the armed services when selecting a New York veterans' disability lawyer. This will make the process more comfortable and reduce the need for you to describe your experiences and the circumstances in layman's terms.
You want a firm who will handle your case throughout the lengthy appeals procedure. Be wary of firms that only assist you in the initial stages of your case, and then go away.
A seasoned New York veterans' disability attorney can assist you through all stages of the claim, including appeals. They can help you submit more medical evidence, request an official hearing, and represent you in any Board meetings so that your case is handled in a fair and fair manner. They can also assist in obtaining you benefits like financial compensations, aid and education benefits, attendance benefits, or unemployability.
Earning a higher rating
It is possible that your disability becomes worse or your symptoms get more severe. In such a case it's logical to ask for a higher rating. A veteran disability lawyer can help you with this process and help you gather evidence to support your claim.
It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. It's a good idea to hire an expert to examine your records for errors. They could have missed an injury or missed any issue that could have been added to another disability to get an increase in rating.
Even even if it's been more than one year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This includes a review of your entire file that could lead to modifications to your effective date and a new rating more accurate to your feelings.
If you believe that you are entitled to a rating of 100 percent, or higher, you should consider seeking a supplemental claim. A disability lawyer can help you put together a compelling argument for this type of rating which is reserved for port Jefferson veterans Disability lawyer very debilitating disabilities. A mental health problem, for example, may be a reason to get a 100 percentage disability rating since it can interfere with employment or trigger frequent hospitalizations that are not typically triggering this level of severity for a heart problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what some believe the fact that a VA denial of disability benefits doesn't mean that an individual has no chance of recovering benefits. Former service members have one year to appeal a decision that is not favorable.
A skilled veterans disability lawyer can assist a veteran to determine which of the three ways to appeal is best for their case. 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 even assist a veteran with a more formal hearing before a clinton veterans disability lawsuit Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim needs. They also have a wealth of experience handling VA disability claims, and they understand the rules and procedure inside and out. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy, which can make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Contact us now to schedule your free assessment.