14 Common Misconceptions About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Select a veteran disability attorney who specializes 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 provide disability benefits if it's established that your condition is linked to your military experience. This is known as a nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are occasions when veterans have medically determinable disabilities, but they are not able to be service connected because of insufficient or missing records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim and submit evidence that is backed up by independent experts.

It is much easier to establish a direct service connection when illnesses or injuries occurred while you served in the military. If you've been injured while in the military, and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.

However, it is more difficult to be connected if you have an existing medical condition that worsened when you were in the military. In order to prove that your time in service aggravated or made worse an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided medical evidence. It usually issues a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disagreement. A disability attorney for veterans can guide the claimant through the three review options - the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences 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 necessity to explain your circumstances and experiences in layman's terms.

You need a firm that will take on your case throughout the long appeals process. Be wary of companies that assist you with the initial stages of your case, only to then go away.

A seasoned New York glendale veterans disability lawsuit disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you win your benefits, like monetary compensation aid and attendance, educational benefits or unemployed benefits.

How can I get a better rating

There may be a point when your disability gets worse or your symptoms become more complex or broader. In that case it's sensible to request an increase in your rating. A veteran disability lawyer can assist you with this process, and also help you collect evidence to back your claim.

It's not unusual for Colby Veterans Disability Lawyer the VA to make mistakes that lead to an lower disability rating than you deserve. In the event that they fail to notice an injury you've suffered or miss a condition that could be linked with other disabilities to get an increase in rating It's a good idea to have an expert review 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 involves a thorough review of your file. It could result in an amendment to your effective date or an updated rating that is more accurate to what you feel.

If you believe that you are entitled to an assessment of 100 percent or more, it's worth seeking a supplemental claim. An attorney for disability can help you put together an argument that is convincing for this type of rating, that is reserved for those with debilitating disabilities. For example mental health issues might qualify you for 100% disability ratings because it could cause significant disruption to your work or frequent periods of hospitalization that do not usually trigger this level of rating for cardiovascular disease or other medical issue.

Assistance with the Appeals Process

Despite what some think that denying claims for disability by the VA isn't the end of a person's chances to get benefits. In fact, a former soldier can wait one year from date that their local veterans hospital or office sends them a decision that is not favorable to file an appeal.

A skilled veterans disability attorney can assist a vet in determining which of the three pathways for appeal would be best for his particular situation. They can also help veterans put all the evidence required to convince a higher level reviewer that the previous decision was incorrect. They can provide a veteran a more formal hearing in before a Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have a wealth of experience managing VA disability claims, and are familiar with the rules and procedure inside and out. Additionally, some attorneys are Leitchfield Veterans Disability Law Firm themselves, which means that they are aware of the difficulties disabled veterans face. This can result in a unique type of empathy which can improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Contact us today to arrange your free assessment.