Technology Is Making Veterans Disability Law Better Or Worse

veterans disability lawsuit Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering medical and veterans disability Lawyer service proof to filing an appeal against a denied claim A veteran disability lawyer can help you through the entire claims process.

Select a veteran disability attorney who is specialized in these cases and is well-versed with the VA system. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if you prove that the condition you are suffering from is linked to your military service. This is referred to as linkage. You can use different types of evidence to prove the connection. These include medical documents, independent health examinations (IME) or a the nexus letters from current health care providers (especially in the situation of mental health conditions). Sometimes, veterans have medically determined disabilities but are not connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by impartial experts.

It is simpler to prove a direct connection when injuries or illnesses occurred while you were in the military. For example, if you were hit in the head during your time in service and you are suffering from concussions and headaches, there is a direct link between the events that led to your current health condition.

However, it is harder to get connected if you suffer from a pre-existing medical condition that grew worse while you were in the military. To prove that your service time aggravated or worsened a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undisputed".

Appealing to a Denial

After filing an application and submitting medical evidence after which the VA will review the case. It usually issues a ruling that either approves or denies benefits. If the decision is not in favor the veteran is given one year to file a Notice of Disparagement. A veterans disability lawyer (simply click the up coming document) can assist the claimant through the three options for review -- a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Make sure you consider whether they can understand your military background and culture of the armed forces. This will make the process more relaxed and reduce the need for you to describe your experiences and situations in plain language.

You should also find a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of firms that only assist you with the initial stages of your case, only to then disappear.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing and assist you at any Board meetings so that your case will be dealt with fairly. They can also assist you to claim benefits like monetary compensation, aid and attendance, educational benefits or unemployed benefits.

Receiving a Better Rating

It could happen that your disability becomes worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in your rating. A veterans disability lawyer can help with that procedure, and assist you in finding evidence to justify your request.

It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. If they overlook an injury you've suffered or ignore a condition that could be linked with other disabilities in order to get an increase in rating, it's worth having an expert look over your records to identify any errors.

You can still make a higher-level claim, or review if you've been assessed for more than a calendar year. This could include a thorough review of your entire dossier, which may result in changes to your effective date, as well as a new rating that is more corresponding to the feelings you have.

If you believe you deserve an assessment of 100 percent, or more, it's worth making a claim for supplemental benefits. A disability lawyer can help you make a convincing case for this rating which is only available for the most serious disabilities. A mental health issue for instance, might make you eligible for a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations which would not normally trigger this level for a heart issue or other medical condition.

Helping with the Appeals Process

Despite what some people may think that denying an appeal for disability by the VA isn't the end of a person's chances to receive benefits. Former service members have one year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current appeals options is most appropriate for their particular situation. They can also assist veterans put all the evidence required to convince a higher level reviewer that their previous decision was wrong. They can even provide a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention your claim requires. They will also have extensive experience dealing with VA disability claims, and they understand the rules and procedure inside and out. Some lawyers are veterans, so they know the challenges that disabled veterans face. This creates an unique type of empathy that can sometimes improve the outcomes of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us today to arrange an appointment for a free evaluation.