14 Misconceptions Commonly Held About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering evidence of medical and veterans Disability lawyers other service to filing an appeal of an appeal denied.

Choose a veterans disability attorney who focuses their practice on dealing with these cases and veterans disability lawyers who is familiar with the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it is proved that your condition is linked to your military experience. This is known as a "nexus. There are many types of evidence to prove this connection. These include medical documents, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence backed by unbiased experts.

It is easier to prove a direct connection if injuries or illnesses occurred during your time in the military. For instance, if were struck in the head while serving and are now suffering headaches and concussions, there is a strong connection between these events and your current condition.

It is a lot more difficult to become connected to a service if you have an existing condition that got worse during your military service. In order to prove that your time in service has aggravated or worsened an existing condition you must provide a doctor's medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will usually issue a decision approving or denying benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant through the three decision review options -- a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences and the culture of the armed services when choosing the New York veterans' disability lawyer. This can make things easier for you and decrease the need to explain your situations and experiences in a layman's way.

You'll want a firm that will handle your case through the lengthy appeals procedure. Be wary about firms that assist you in the initial stages of your case, only to then go away.

An experienced New York veterans' disability attorney can assist you through all phases of the claim and appeals. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also assist you in obtaining you benefits, such as financial compensations, aid and education benefits, attendance benefits, or unemployment.

Receiving a Better Rating

There could be a point when your disability becomes more serious, or your symptoms get more complicated or broad. In that case, it makes sense to ask for a higher rating. A lawyer for veterans can assist with this process, and can help you find evidence to support your request.

It's not common for the VA to make mistakes that result in an lower disability rating than you deserve. It's worth contacting an expert to look over your records for any errors. They could have missed an injury or neglected to mention any issue that could have been added to another disability to get an even higher rating.

You can still submit a higher-level claim or review if you have been rated for more than a calendar year. These require a complete review of your file. It could result in changes to your effective date or an entirely new rating that's more accurate to what you truly feel.

If you believe that you are entitled to an assessment of 100 percent, or higher, it's worth requesting a supplemental claim. A disability lawyer can help you create a compelling case for this rating, which is reserved only for the most severe of disabilities. For instance mental health issues could qualify you for an absolute disability rating because it can cause marked disruption to your work or frequent periods of hospitalization. These don't usually trigger this level of an assessment for a cardiovascular disease or other medical problems.

Help with the Appeals Process

Contrary to what many people believe, the denial of a disability claim by the VA is not the end of a person's chances to recover benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office sends them an unfavorable determination to appeal.

An experienced veteran disability attorney can help a vet determine which of the current three options for appeal would be the most appropriate for his situation. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was wrong. They may also give a veteran a more formal hearing in before a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They also have extensive experience in handling VA disability claims, and are familiar with the rules and procedures completely. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a distinct kind of empathy that can sometimes improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today for your complimentary evaluation.