What Will Veterans Disability Law Be Like In 100 Years
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of the denial of your claim.
Choose a veteran disability attorney who is specialized in these cases and is well-versed with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if they can prove that the condition you have is linked to your military service. This is called a linkage. There are many types of evidence to prove the connection. This includes medical documents, independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the case of mental health problems). There are occasions when veterans have medically determinable disabilities, but they cannot be considered service connected due to incomplete or omitted documents. These cases require the help of experienced New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed up by independent experts.
It is simpler to prove a direct connection when injuries or illnesses occurred while you served in the military. For instance, if you were hit in the head while serving and are now suffering from concussions and headaches, there is a clear connection between these events and your current health condition.
However, it's more difficult to be connected if you suffer from an existing medical condition that became worse when you were in the military. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to provide expert medical evidence that is "clear and undeniable".
Appealing a denied application
The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disability can assist the claimant in navigating the three options for review including an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experience as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the requirement to explain your situation and experiences in a layman's way.
You'll want a firm that will be working on your case throughout the long appeals procedure. Be wary of firms that only assist you with the initial stages of your claim and then go away.
A seasoned New York veterans' disability lawyer can assist you in all phases of the claim, including appeals. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also help you get your benefits, like monetary compensation aid and attendance, education benefits or unemployed benefits.
Getting a Higher Rating
There may be a point when your disability gets worse, or your symptoms get more difficult or wider. It is logical in this scenario to ask for an increase in rating. A Veterans disability Law Firms disability lawyer can assist with this process, Veterans Disability Law Firms and help you find evidence to justify your request.
It's not common for the VA to make mistakes that result in a lower disability rating than you're entitled. It's a good idea to hire an expert to examine your records for mistakes. They could have missed an injury or missed an issue that could be added to another disability to receive an even higher rating.
Even if it's been more than a year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These are a thorough examination of your file, and could result in a change to your effective date or a new rating that's more accurate to how you truly feel.
If you believe you deserve a rating of 100 percent or higher, consider requesting a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating that is reserved for the most debilitating of disabilities. A mental illness, for example, may be a reason to get a 100% rating of disability because it could hinder your employment or trigger frequent hospitalizations that don't normally trigger this level for a heart problem or any other medical condition.
Need help with the Appeals Process
Contrary to what some may believe the denial of an appeal for disability by the VA is not the end of an individual's chances to receive benefits. Former veterans have one year to appeal an outcome that is not 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 situation. They can also assist veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran a more formal hearing in front of an Veterans Law judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim needs. They are also likely to have extensive experience handling VA disability claims and understand the rules and procedures inside and out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This can lead to a particular kind of empathy that can sometimes improve the outcome of an issue involving veterans' disability.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Call us today to schedule an evaluation for free.