How To Explain Veterans Disability Law To Your Boss
Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to filing an appeal on a denied claim A veteran disability lawyer can help you throughout the entire claims process.
Choose a veterans disability attorney who focuses their practice on handling these cases and is aware of the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you suffer from is related to your military service. This is referred to as relationship. You can use a variety of evidence to prove this connection. These include medical records, independent health exams (IME) or a nexus letter from current health care providers (especially in the situation of mental health conditions). Sometimes, veterans have medically determined disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are independent.
It is much easier to establish the direct connection between your service and illnesses or injuries that you sustained while in the military. For instance, if you received a head injury while serving and veterans disability law firm are now suffering headaches and concussions, there is a clear link between the events that led to the current condition you are suffering from.
However, it's more difficult to be connected if you have a pre-existing medical condition that got worse while in the military. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide medical evidence from a professional that is "clear and undisputed".
Appealing to a Denial
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given a year to file a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer, be sure to consider whether they understand [empty] your military experience and army's culture. This will make it easier for you and reduce the requirement to explain your situation and experiences in a layman's way.
You should also choose a firm who will continue to work on your case for the entire appeals process of several years. Beware of companies that will only assist you in the initial stages of your case, and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win you benefits like monetary compensations, aid and attendance benefits, education benefits, or unemployedness.
How to get a higher rating
There could be a point when your disability becomes more serious or your symptoms become more complex or broader. It makes sense in this situation to ask for a higher rating. A lawyer for veterans' disability can assist in that procedure, and help you find evidence to justify your request.
It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled. It's recommended to consult an expert to review your records for errors. They could have missed an injury or neglected to mention an issue that could be added to another condition to get an improved rating.
Even the fact that it's been more one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your file and can result in a change to your effective date or a new rating that's more accurate to how you truly feel.
If you believe that you are entitled to an assessment of 100 percent or higher, it's worth applying for a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating that is reserved for the most severe of disabilities. For example, a mental health condition could be a reason to get a 100% disability rating because it could cause significant disruption to your work or frequent periods of hospitalization that don't normally trigger this type of an assessment for a cardiovascular disease or other medical problems.
Helping with the Appeals Process
Despite what some people may think, the denial of an application for disability benefits by the VA is not the end of an individual's ability to receive benefits. In fact, a former veteran is given one year from the date their local veterans hospital or office sends them an unfavorable determination to appeal.
An experienced veterans disability attorney can assist a veteran in determining which of the three appeals options is the best option for his situation. They can also assist veterans put all the evidence required to convince a higher level reviewer that their previous decision was not right. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention that your claim needs. They will also have extensive experience managing VA disability claims, and are familiar with the rules and procedures completely. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This creates an unique type of empathy that can enhance the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to arrange an appointment for a free evaluation.