Five Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal against an appeal denied.

Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it can be proved that your condition is related to your military service. This is referred to as relationship. There are various types of evidence that you can use to show this connection, such as medical records, independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.

It is easier to prove that there is a direct connection to your service for injuries or illnesses which occurred while in the military. If you were injured in the military and you now suffer from headaches or concussions, it's much easier to prove a direct service connection.

It is difficult to be connected to the military if you suffered from an existing medical condition that was worsened during your military service. In order to prove that your time in service aggravated or made worse an existing medical condition, you must supply expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing an Denial

The VA will review your case after you have submitted your application and provided medical proof. It usually makes a decision that either approves or denies benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disagreement. A veterans disability attorney can assist the claimant through the three decision review options - an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the culture of the armed services when selecting a New York veterans' disability lawyer. This can make it easier for you and decrease the need to explain your situations and experiences in layman's terms.

You'll want a firm that will work on your case through the lengthy appeals process. Be wary of firms that assist you in the first stages of your case, only to then disappear.

A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing and represent you at any Board meetings so that your case will be handled in a fair and Veterans Disability attorney fair manner. They can also assist you in obtaining you benefits such as assistance, monetary compensations and attendance benefits, education benefits, or even unemployment.

Receiving a Better Rating

There may be a point when your disability becomes more serious, or your symptoms get more difficult or wider. It is logical in this instance to seek an increase in your rating. A veteran disability lawyer can assist you in this process and assist you to gather evidence to back your claim.

It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. It's recommended to consult an expert to examine your records for errors. They may have missed an injury or left out a problem which could be added to another condition to get an increase in rating.

You may still file a higher-level claim and review if you've been rated for more than a calendar year. These require a complete review 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 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 build a strong case for this rating which is reserved for the most severe of disabilities. A mental health problem, for example, may allow you to receive a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations that do not normally trigger this level for a heart problem or any other medical condition.

Need help with the Appeals Process

Contrary to what many believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. Former veterans have one year to appeal a decision that is not favorable.

An experienced veterans disability attorney can assist a veteran in determining which of the three pathways for appeal is the best option for his situation. They can also assist a vet get all the evidence required to convince a higher level reviewer that their previous decision was wrong. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have extensive experience dealing with VA disability claims and understand 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 case involving a disabled veteran.

Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Contact us today to schedule an evaluation for free.