Technology Is Making Veterans Disability Law Better Or Worse

Veterans Disability Lawyers

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

Choose a veteran disability lawyer who is specialized in these cases and firms is well-versed with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you have is a result of your military service. This is known as a "nexus. You can make use of various types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the cases of mental health issues). There are times when veterans have medically determined disabilities, but they are not able to be considered to be service-connected due the absence of or insufficient records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and provide evidence backed by unbiased experts.

It is easier to prove the direct connection between your service and injuries or illnesses which occurred while in the military. For example, if you received a head injury during service and now suffer headaches and concussions there is a direct link between these events and your current condition.

However, it is more difficult to get connected if you have a pre-existing medical condition that became worse while in the military. To prove that your service has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undisputed".

Appealing a denied application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will typically issue the decision of approving or disapproving benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disparagement. A lawyer for veterans' disabilities can assist the applicant navigate the three review options that include a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience as well as the tradition of the armed services when choosing a New York veterans' disability lawyer. This will make it easier for you and reduce the requirement to explain your situation and experiences in a layman's way.

You need a firm that will work on your case throughout the multi-year appeals procedure. Beware of firms that only assist you with the initial stages of your claim, and then vanish.

A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit more medical evidence, ask for an official hearing and represent you at any Board meetings to ensure that your case will be dealt with in a fair manner. They can also assist in obtaining you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.

Getting a Higher Rating

There may come a time that your disability becomes more severe, or your symptoms get broader or more challenging. In that situation, it makes sense to request an increase in your rating. A veterans disability lawyer can help with that process, and can assist you in finding evidence to support your request.

It's not uncommon to see the VA make mistakes, which can result in receiving a lower score than you deserve. It's worth contacting an expert to look over your records for errors. They could have missed an injury or left out a problem which could be combined with another disability to get an even higher rating.

You can still submit a higher-level claim or review if you've been given a rating for more than one calendar year. These require a complete review of your file. It could result in the change of your effective date or an entirely new rating that's more accurate to what you really feel.

If you believe you're entitled to an assessment of 100 percent or higher, consider applying for a supplemental claim. A disability attorney can help you create a convincing argument for this type of rating, that is reserved for those with difficult to treat disabilities. For instance, a mental health condition could qualify you for a 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.

Assistance with the Appeals Process

Despite what some believe that denying a disability claim by the VA isn't the end of a person's chances to receive benefits. In fact, a former servicemember can wait one year from date their local veterans disability attorneys hospital or office sends them a denial to appeal.

A skilled veteran disability lawyer can assist a veteran to determine which of the three appeals options is most suitable for their case. They can also assist veterans gather all the evidence required to convince a higher level reviewer that their previous decision was not correct. They may also give a veteran a more formal hearing in front of an Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They will also have extensive experience dealing with VA disability claims, and are familiar with the rules and procedure completely. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This can result in a unique kind of empathy that can help improve the outcome of the case of a disabled veteran.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims free of charge to determine whether we can assist you. Contact us now to schedule your free assessment.