15 Surprising Stats About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of a denied claim.
Choose a veteran disability lawyer that specializes in these cases and is well-versed with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits only if you prove that the condition you have is related to your military service. This is referred to as a connection. There are many types of evidence to prove the connection. This includes medical records, independent health exams (IME), or nexus letter from current healthcare providers (especially in the case of mental health conditions). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present a complete claim and submit evidence that is confirmed by unbiased experts.
It is much easier to prove a direct service connection when injuries or illnesses were sustained while serving in the military. If you suffered injuries in the military and you now suffer from headaches and concussions, [empty] it is easier to prove a direct service connection.
It is harder to get connected to a service if you have an existing condition that deteriorated while you were in military service. To show that your time in service aggravated or worsened a pre-existing condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denial
After filing an application and providing medical evidence, the VA will examine the case. It typically 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 Disparagement. A veteran's disability attorney can guide the claimant through the three decision review options - a supplemental claim or higher-level review, or a direct appeal before the Board of seagoville veterans Disability law Firm' Appeals.
When selecting the right New York veterans disability lawyer Make sure you consider whether they understand your military experience and military's culture. This can make it easier for you and lessen the requirement to explain your situation and experiences in a layman's way.
You'll want a firm that will handle your case throughout the lengthy appeals procedure. Beware of firms that only assist you in the first stages of your case, only to then disappear.
A seasoned New York lake elsinore veterans disability lawyer' disability lawyer can assist you in all stages of the claim, including appeals. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also assist in obtaining you benefits, such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployedness.
How can I get a better rating
There may be a point that your disability becomes more severe, or your symptoms get more complex or broader. It makes sense in this situation to ask for an increase in rating. A veterans disability lawyer can assist in that process, and can help you find evidence to back your request.
It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. It's worth contacting an expert to review your records for any errors. They may have overlooked an injury or left out any issue that could have been coupled with another disability to earn an improved rating.
You are still able to make 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 changes to your effective date or an updated rating that is more accurate to what you feel.
It's also worth looking into an additional claim or a higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help create a compelling case for this rating which is only available for the most severe of disabilities. A mental health problem for instance, might make you eligible for a 100 percent disability rating because it could affect your job or cause frequent hospitalizations that don't normally trigger this level for a heart issue or other medical condition.
Assistance with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. Former service members have one year to appeal any decision that isn't favorable.
An experienced veteran disability attorney can help a vet determine which of the three options for appeal would be the most appropriate for his case. They can also help with gathering the evidence needed to convince a higher-level reviewer that the previous decision was not right. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention your claim requires. They also have extensive experience in managing VA disability claims, and they know the rules and procedures inside out. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This creates a unique type of empathy, which can enhance the outcome of a case involving a disabled veteran.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine whether we can help you. Contact us today to arrange an evaluation for free.