5 Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire 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 limits their practice to handling these cases and is aware of the VA's system inside out. This will ensure your case is given the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if they can prove that the condition you have is linked to your military service. This is known as a nexus. There are a variety of evidence you can prove this connection, such as medical records, independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is backed by unbiased experts.

It is simpler to prove that there is a direct connection to your service for illnesses or injuries which occurred while in the military. For veterans disability instance, if suffered head injuries in the course of your service and suffer headaches and concussions, there is a strong connection between the events that led to your current condition.

However, it's more difficult to be connected if you suffer from a pre-existing medical condition that became worse while you were in the military. In order to prove that your service worsened or aggravated a pre-existing illness You must present expert medical evidence that is at the level of "clear and undeniable" evidence.

Appealing a Denial

After filing an application and submitting medical evidence, the VA will examine the case. The VA will typically issue an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can assist the claimant through the three decision review options which include an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Take into consideration whether they can understand your military experience and culture of the armed forces. This can make things easier for you and decrease the necessity to explain your circumstances and experiences in a layman's way.

You should also find a firm that will continue to work on your case throughout the entire duration of your appeal. Be wary of companies that assist you in the first phases of your case and then disappear.

A seasoned New York veterans disability law firm disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you claim benefits like monetary compensation aid and attendance, education benefits or unemployed benefits.

Achieving a Higher Rating

There may be a point that your disability becomes more severe or your symptoms become more difficult or wider. In that situation it's sensible to request a higher rating. A veterans disability lawyer can help with that procedure, and assist you in finding evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you deserve. If they miss an injury that you suffer from or miss a condition that could be combined with other disabilities in order to get higher ratings it's important to have an expert look over your records to find any mistakes.

Even the fact that it's been more one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These involve a full review of your file and can result in changes to your effective date or an entirely new rating that's more accurate to how you feel.

It's also advisable to file a supplemental claim or higher-level review if you believe you deserve a disability rating of 100 percent or higher. A disability lawyer can help build a strong case for this rating, which is reserved only for the most debilitating disabilities. A mental health condition such as depression, for veterans disability instance, could make you eligible for a 100 percent disability rating, as it can interfere with employment or result in frequent hospitalizations that do not normally trigger this level of severity for a heart problem or other medical conditions.

Help with the Appeals Process

Contrary to what many believe contrary to what many may think, contrary to what some may believe, a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. Former service members have a year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current ways to appeal is most appropriate for their particular situation. They can also assist an individual vet put the evidence together needed to convince a higher-level reviewer that their previous decision was not right. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim demands. They are also likely to have a vast experience handling VA disability claims, and they know the rules and procedures both inside and outside. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This creates a unique kind of empathy that may improve the outcomes 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 today to set up an evaluation for free.