10 Things People Hate About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From assembling medical and service evidence to submitting an appeal of the denial of your claim.

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

Proving Service Connection

The VA will only provide disability benefits if it's proved that your condition is related to your military service. This is known as a connection. There are various types of evidence that you can demonstrate this connection, including medical records, independent medical examinations (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who know how to make an entire claim and provide evidence that is supported by independent experts.

It is much easier to establish an immediate connection with your service to injuries or illnesses that occurred while in the military. For instance, if you were hit in the head in the course of your service and suffer headaches and concussions there is a strong connection between these events and your current condition.

It is harder to get connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. In order to prove that your time in military service worsened or aggravated an existing medical condition, you must supply expert medical evidence that is at the level of "clear and undeniable" proof.

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided medical evidence. The VA will usually issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A disability attorney for veterans can guide the claimant through the three decision review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and the army's culture. This will help you feel more comfortable and eliminate the need for you to talk about your experiences and circumstances in plain English.

You also need a company who will remain on your case throughout the entire duration of your appeal. Beware of firms who only help you with the initial phases of your claim and then vanish.

A seasoned New York veterans' disability attorney can assist you through every stage of your claim, including appeals. They can help you submit additional medical evidence or request a formal hearing, and lawyers represent you at any Board meetings to ensure that your case is handled fairly. They can also assist you to win your benefits, like monetary compensation aid and attendance, education benefits or unemployability benefits.

Receiving a Better Rating

There could be a point that your disability becomes more severe or your symptoms become more complicated or broad. In this case it's logical to seek an increase in your rating. A lawyer for veterans' disability can assist with this procedure, and help you dig up evidence to back your request.

It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. Whether they accidentally miss an injury you've suffered or overlook a problem that could be combined with other disabilities to receive higher ratings it's important to have an expert review your records to find any errors.

Even the fact that it's been more one year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file, and could result in a change to your effective date or an updated rating that is more in line with how you feel.

If you believe you deserve a rating of 100 percent, or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help build a strong case for this rating that is reserved for the most debilitating disabilities. A mental health problem like this one, for instance, may allow you to receive a 100 percent disability rating, as it could affect your job or trigger frequent hospitalizations that would not normally trigger this level for a heart problem or other medical issues.

Help with the Appeals Process

Contrary to what many people think that denying an application for disability benefits by the VA isn't the end of a person's chances to get benefits. In fact, a former servicemember can wait one year from date that the local veteran's hospital or office mails them an unfavorable determination to file an appeal.

An experienced veterans disability attorney can assist a veteran in determining which of the current three pathways for appeal would be the most appropriate for his case. They can also assist veterans put the evidence they need to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an additional formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They are also likely to have a vast experience handling VA disability claims and know the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they understand the challenges that disabled veterans face. This creates a unique type of empathy that may help improve the outcome of a case involving a disabled veteran.

The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claims free of charge to determine if we can help you. Call us now to schedule your free assessment.