11 Ways To Completely Revamp Your Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal of a denied claim.
Choose a veteran disability lawyer who focuses their practice on dealing with these cases, and who knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if you can prove that the condition you have is connected to your military service. This is referred to as relationship. There are many types of evidence to prove the connection. This includes medical records, independent health assessments (IME), or an nexus letter from your current health care providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed by independent experts.
It is much easier to establish the direct connection between your service and injuries or illnesses that occurred while in the military. If you have been injured in the military, and now suffer from headaches or concussions, it's much easier to prove a direct service connection.
It is a lot more difficult to become connected to the military if you suffered from an existing condition that deteriorated while you were in military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to present medical evidence that is "clear and undisputed".
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical proof. The VA will typically issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given a year to make a formal complaint. A veterans disability lawyer can assist the claimant in navigating the three review options -- the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
When selecting when choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military experience and the traditions of the armed forces. This can make things easier for you and reduce the need to explain your situations and experiences in layman's terms.
You want a company that will take on your case through the lengthy appeals procedure. Beware of companies that will only assist you with the first stages of your claim, and then disappear.
A seasoned New York veterans' disability attorney can help you with all stages of the claim and appeals. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to get your benefits, including monetary compensation, aid and attendance, education benefits or unemployment benefits.
How can I get a better rating
It could be that your disability gets worse or Veterans disability law firms your symptoms become more severe. In that situation it's logical to ask for a higher rating. A lawyer for veterans can assist with this process, and can assist you in finding evidence to prove your claim.
It's not uncommon to see the VA to make mistakes that result in receiving a lower score than you deserve. It's worth getting an expert to examine your records for any errors. They might have missed an injury or left out a problem which could be coupled with another disability to earn an increase in rating.
You can still file a higher-level claim or review if you've been given a rating for more than one calendar year. These can include a review of your entire record, which could result in changes to your effective date as well as the creation of a new rating that is more precise to your feelings.
If you believe you deserve an assessment of 100 percent, or veterans disability law firms higher, consider making a claim for supplemental benefits. A disability lawyer can help you develop an argument that supports this type of rating which is reserved for very severe disabilities. A mental health issue such as depression, for instance, could allow you to receive a 100% rating of disability because it can interfere with employment or trigger frequent hospitalizations that are not typically triggering this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Despite what some people may believe, the denial of an application for disability benefits by the VA is not the end of a person's chances to get benefits. In fact, a former veteran is given one year from the date their local veterans hospital or office sends them a denial to appeal.
An experienced attorney for veterans can assist a vet in determining which of the three appeals options is the best option for his case. They can also help an individual in assembling the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even provide veterans disability law firms with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have a wealth of experience in dealing with VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This can result in a unique kind of empathy that could help in the resolution of a veterans' disability case.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine if we can assist you. Contact us today to schedule your complimentary evaluation.