Is Technology Making Veterans Disability Law Better Or Worse
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 a claim that has been denied.
Choose a veterans disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be confirmed that your illness is connected to your military service. This is referred to as a nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health exams (IME), or the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are times when veterans have medically determined disabilities, but are unable to be considered service-connected due to the absence of or insufficient documents. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and submit evidence that is backed by independent experts.
It is much easier to prove direct service connection for illnesses or injuries that occurred while you were in the military. For instance, if were hit in the head while serving and are now suffering from concussions and headaches, there is a direct link between the two events and your current condition.
It is harder to get connected to a service if you have a pre-existing condition that worsened while you were in military service. To prove that your service has aggravated or exacerbated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing a denied application
After submitting an application and submitting medical evidence after which the VA will review the case. The VA will usually issue an opinion either approving or denial of benefits. If the decision is not favorable the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can guide the claimant through the three review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military background and traditions of the armed forces. This can make it simpler for you to understand and reduce the need to describe your experiences and experiences in a layman's way.
You need a firm that will be working on your case throughout the multi-year appeals procedure. Beware of firms that only assist you in the first stages of your claim, and then go away.
A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you claim benefits like monetary compensation aid and attendance, veterans disability attorney educational benefits or unemployability benefits.
How do I obtain a higher rating
There may be a point when your disability gets worse, or your symptoms get more complicated or broad. It makes sense in this case to request an increase in your rating. A lawyer for veterans can assist in that process, and assist you in finding evidence to justify your request.
It's not common for the VA to make mistakes that result in an lower disability rating than you're entitled to. If they overlook an injury that you suffer from or miss a condition which could be linked to other disabilities to receive an increase in rating it's important to have a professional look over your records to spot any errors.
Even even if it's been more than a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These involve a full review of your file and can result in the change of your effective date or an entirely new rating that's more in line with how you truly feel.
If you believe that you are entitled to an assessment of 100 percent or higher, it's worth seeking a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most serious disabilities. A mental health problem for instance, might allow you to receive a 100% rating of disability because it can hinder employment or trigger frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what many people believe that denying claims for disability by the VA is not the end of an individual's chances to recover benefits. In fact, a former servicemember is given one year from the date that their local veterans hospital or office sends them a negative decision to appeal.
An experienced veterans disability attorney can assist a veteran to determine which of the three appeals options would be the most appropriate for his case. They can also assist with gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim deserves. They will also have extensive experience in handling VA disability claims, and they are aware of the rules and procedure in detail. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This can lead to a particular type of empathy which can help improve the outcome of an appeal for veterans' disability.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claim for free to determine if we can help you. Call us today to set up your complimentary evaluation.