5 Killer Quora Answers On Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against a claim that has been denied.
Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits if you can prove that the condition you have is linked to your military service. This is known as a relationship. There are many types of evidence you can prove the connection, such as medical records and Veterans Disability independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). 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 help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is confirmed by experts who are impartial.
It is much easier to establish that there is a direct connection to your service for illnesses or injuries that you sustained while in the military. For instance, if were hit in the head in the course of your service and suffer headaches and concussions there is a direct link between these events and your current health condition.
However, it's more difficult to get connected if you have an existing medical condition that got worse when you were in the military. To prove that your time in the military 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 irrefutable".
Appealing a denied application
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. It usually makes a decision that either approves or denies benefits. If the decision is unfavorable the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three review options including 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 attorneys disability lawyer Make sure you consider whether they have a good understanding of your military experiences and the culture of the armed forces. This will make it easier for you and decrease the need to describe your experiences and experiences in a layman's way.
You should also choose a firm who will continue to work on your case for the entire multi-year appeals process. Be wary about firms that help you with the initial stages of your claim and then disappear.
A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing and represent you in any Board meetings to ensure that your case is handled without prejudice. They can also assist you to win your benefits, like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
Receiving a Better Rating
It could be that your disability gets worse or your symptoms become more severe. It makes sense in this case to request an increase in your rating. A veterans disability lawyer can assist with this process, and assist you in finding evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you deserve. If they miss an injury you've suffered or overlook a problem that could be linked with other disabilities in order to get a higher rating it's important to have an expert review your records to spot any mistakes.
Even when it's been over one year since the initial rating decision, you can file an additional review or claim. These can include a review of your entire file, which could result in changes to your effective date as well as an updated rating that is more true to your feelings.
It's also worth looking into an additional claim or a more thorough review if you believe you're entitled to a disability grade of 100 percent or more. A disability lawyer can assist you to make a convincing case for this rating which is only available for the most severe of disabilities. A mental health problem for instance, might 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.
Need help with the Appeals Process
Despite what some believe, the denial of an application for disability benefits by the VA is not the end of an individual's chances to receive benefits. Former military personnel have a year to appeal any decision that isn't favorable.
An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals options is best for their case. They can also help with gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with an extra formal hearing before an Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They are also likely to have extensive experience dealing with VA disability claims and are aware of the rules and procedures in and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that may enhance the outcome of a veterans disability case.
The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claims free of charge to determine whether we can assist you. Contact us today to arrange your free evaluation.