Five Killer Quora Answers To Veterans Disability Law
veterans disability (supplemental resources) Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and veterans disability service proof to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the claims process.
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 award disability benefits if you prove that the condition you suffer from is connected to your military service. This is known as a "nexus. There are various types of evidence that you can prove the connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are times where veterans are diagnosed with medical disabilities, but they cannot be service connected because of incomplete or omitted records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed up by independent experts.
It is much easier to prove that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. If you were injured in the military and you now suffer from headaches or concussions, it's much easier to prove a direct service connection.
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 was a catalyst for the worsening or aggravation of a pre-exist 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 medical proof. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three decision review options which include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experience and traditions of the armed forces. This will make it easier for you and reduce the requirement to explain your situation and experiences in layman's.
You also want a firm that will work on your case for the entire multi-year appeals process. Beware of firms who only assist you with the first stages of your case, and then go away.
A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also assist you to get your benefits, like monetary compensation aid and attendance, educational benefits or unemployed benefits.
Getting a Higher Rating
There could be a point when your disability gets worse, or your symptoms get more complex or broader. In that situation, it makes sense to ask for a higher rating. A veterans disability lawyer can assist you in this process, and assist you in locating evidence to justify your request.
It's not uncommon to see the VA to make mistakes that result in receiving a lower score than you deserve. It's recommended to consult an expert to examine your records for any errors. They may have overlooked an injury or missed any issue that could have been coupled with another disability to receive an even higher rating.
Even when it's been over one year since your initial rating decision, you still can file an additional review or claim. These can include a review of your entire file which could result in changes to your effective date, as well as an updated rating that is more true to your feelings.
It's also worth seeking an additional claim or a more thorough review if you're entitled to a disability rate of 100 percent or more. A disability lawyer can help you build a strong case for this rating, which is reserved only for the most serious disabilities. A mental illness like this one, for instance, may qualify you for a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations that don't normally trigger this level of severity for a heart problem or other medical issues.
Help with the Appeals Process
Contrary to what some may believe the denial of claims for disability by the VA is not the end of an individual's ability to get benefits. Former service members have a year to appeal a decision that is not favorable.
An experienced veterans disability law firm disability lawyer can help a veteran decide which of the three pathways for appealing would be best for their case. They can also assist an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was not correct. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have a wealth of experience in handling VA disability claims and understand the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a unique type of empathy that may improve the outcomes of a veterans disability case.
Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims for free to determine whether we can help you. Contact us today to arrange your free assessment.