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 collecting medical and service proof to submitting an appeal of a denied claim.

Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only grant disability benefits if they can prove that the condition is connected to your military service. This is called a nexus. You can use different types of evidence to prove this connection. These include medical records, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the case of mental health problems). There are times when veterans have medically determinable disabilities, but they are not able to be considered service-connected due to missing or veterans disability attorney incomplete documents. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.

It is much easier to prove a direct service connection if injuries or illnesses occurred during your time in the military. For instance, if you suffered head injuries during your time in service and you are suffering from concussions and veterans disability attorney headaches, there is a clear link between those events and your current health condition.

However, it is more difficult to get connected if you have a pre-existing medical condition that worsened while in the military. To prove that your service aggravated or made worse an existing condition You must present expert medical evidence that is at the level of "clear and unmistakable" proof.

Appealing a Denial

After filing an application and submitting medical evidence, the VA will review the application. It usually makes a decision which either approves or denies benefits. If the decision is unfavorable the veteran is given one year to submit a Notice of Disagreement. A veterans disability attorney can assist the claimant through the three review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This will make the process more enjoyable and less demanding for you to talk about your experiences and the circumstances in layman's terms.

You need a firm that will be working on your case throughout the lengthy appeals process. Be wary about firms that assist you in the initial phases of your case and then disappear.

An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit 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 win you benefits such as financial compensations, aid and attendance benefits, education benefits, or unemployability.

How can I get a better rating

There may come a time that your disability becomes more severe or your symptoms become more difficult or wider. It makes sense in this situation to ask for an increase in your rating. A veterans disability lawyer can help with that procedure, and assist you in locating evidence to support your request.

It's not unusual for the VA to make mistakes that result in being awarded a lower rating than what you deserve. If they overlook an injury you've suffered or ignore a condition that could be linked with other disabilities to get an improved rating, it's worth having a professional look over your records to look for errors.

Even even if it's been more than a year since your initial rating decision, you can file an additional review or claim. These require a complete review of your file, and could result in an amendment to your effective date or an entirely new rating that's more in line with how you truly feel.

If you believe you deserve a rating of 100 percent, or higher, consider making a claim for supplemental benefits. A disability lawyer can help you create a convincing argument for this type of rating, which is reserved for extremely serious disabilities. A mental health problem for instance, might be a reason to get a 100 percentage disability rating since it can hinder employment or cause frequent hospitalizations which don't normally trigger this level of a cardiovascular problem or other medical conditions.

Assistance with the Appeals Process

Contrary to what some may think the denial of an appeal for disability by the VA isn't the end of an individual's chance to recover benefits. In fact, a former soldier is given one year from the date that their local veterans hospital or office mails them a negative decision to file an appeal.

An experienced veterans disability attorney can help a vet determine which of the three options for appeal would be best for his particular situation. They can also assist veterans put the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can give a veteran an opportunity to have 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 provide the personalized attention your claim requires. They will also have extensive experience managing VA disability claims, and they know the rules and procedure inside and out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a distinct type of empathy which can sometimes improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to schedule your free evaluation.