How To Save Money 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 assist you throughout the claims process.
Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside out. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be established that your condition is related to your military service. This is called a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME) or a the nexus letters from current health care providers (especially in the cases of mental health issues). Sometimes, veterans have medically determined disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence that is backed by independent experts.
It is much easier to establish a direct service connection when injuries or illnesses were sustained while serving in the military. If you suffered injuries in the military, and now suffer from headaches or 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. To prove that your time in the military aggravated or worsened a pre-existing condition, you will need to present medical evidence that is "clear and irrefutable".
Appealing a Denied Application
After filing an application and submitting medical evidence, the VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can guide the claimant through the three review options - the supplemental claim, Veterans disability Attorney or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military background and culture of the armed forces. This will make it easier for you and lessen the need to describe your experiences and experiences in layman's language.
You should also find a firm who will continue to work on your case for the duration of the appeals process over a period of years. Beware of firms that only help you with the initial stages of your claim, and then vanish.
A seasoned New York veterans disability lawsuits disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit additional medical evidence, veterans disability Attorney request an official hearing and represent you at any Board meetings to ensure that your case will be handled fairly. They can also assist you to obtain benefits including monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
How do I obtain a higher rating
It could happen that your disability gets more severe or your symptoms become more severe. It is logical in this case to request an increase in the rating. A lawyer for veterans' disability can help with that procedure, and assist you in locating evidence to support your request.
It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you're entitled. If they overlook an injury that you suffer from or ignore a condition that could be combined with other disabilities to receive an improved rating It's worthwhile to have an expert review your records to find any errors.
Even when it's been over one year since the initial rating decision, you still have the option of filing an additional review or claim. These require a complete review of your dossier and may result in changes to your effective date or an entirely new rating that's more in line with how you truly feel.
It's also worth seeking an additional claim or a more thorough review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. A disability lawyer can help make a convincing case for this rating which is only available for the most severe of disabilities. For instance an illness that is mental could qualify you for 100% disability ratings because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't usually trigger this level of an assessment for a cardiovascular illness or other medical issues.
Getting help with the Appeals Process
Contrary to what many believe contrary to what many may think, a VA denial of disability benefits doesn't mean that an individual is in no position to claim benefits. Former service members have one year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can assist a vet in determining which of the current three options for appeal is the best option for his particular case. They can also help with gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They may also give a veteran a more formal hearing in front of an Veterans Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim needs. They are also likely to have years of experience dealing with VA disability claims and understand the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans have to face. This can create a distinct type of empathy which can sometimes improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us now to schedule your free assessment.