11 Creative Methods To Write About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.
Choose a veterans disability attorneys disability attorney who limits their practice to handling these cases and knows the VA's system from top to bottom. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if they can prove that the condition you have is connected to your military service. This is referred to as a connection. There are many types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or the nexus letters from current health care providers (especially in the cases of mental health issues). There are instances when veterans have medically determined disabilities, but they are not able to be considered service connected due to incomplete or omitted records. These cases require the help of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is confirmed by experts who are impartial.
It is much easier to prove a direct service connection when illnesses or injuries occurred during your time in the military. If you were injured in the military and you now suffer from headaches and concussions, it is easier to prove a direct service connection.
However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that worsened while in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide expert medical evidence that is "clear and undeniable".
Appealing to a Denial
After filing an application and submitting medical evidence After submitting the application and providing 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 has one year to file a Notice of Disagreement. A veterans disability attorney can assist the claimant through the three review options: a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and the traditions of the armed forces. This can make the process more enjoyable and less demanding for you to describe your experiences and situations in layman's terms.
You want a firm who will handle your case through the lengthy appeals procedure. Beware of firms that only assist you in the first stages of your claim, and then go away.
A seasoned 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 or request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help win you benefits, such as monetary compensations, aid and education benefits, attendance benefits, or unemployedness.
Achieving a Higher Rating
There may come a time that your disability becomes more severe or your symptoms become more complex or broader. It is logical in this situation to ask for a higher rating. A lawyer for veterans' disability can help with that process, and can assist you in finding evidence to support your request.
It's not unusual to see the VA to make mistakes that result in an under-rated rating than you deserve. It's worth getting an expert to look over your records for mistakes. They could have missed an injury or omitted the issue that could be added to another disability to receive an increase in rating.
You may still make a higher-level claim, or review if you have been evaluated for more than a calendar year. This involves a thorough review of your dossier and may result in the change of your effective date or an updated rating that is more accurate to what you really feel.
It's also worth pursuing an additional claim or a more thorough review if you're entitled to a disability rate of 100 percent or greater. A disability lawyer can assist you to make a convincing case for this rating which is only available for the most severe of disabilities. For instance the mental health issue might qualify you for a 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization, which don't typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.
Need help with the Appeals Process
Contrary what some believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. In fact, a former military member has a year from the date that the local veteran's hospital or office sends them an unfavorable determination to file an appeal.
An experienced veterans disability attorney can help a vet determine which of the three appeal options is best for his particular case. They can also assist veterans gather the evidence they need to convince a higher level reviewer that their previous decision was not right. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention you require for Veterans Disability attorney your claim. They also have extensive experience dealing with VA disability claims and understand the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans face. This creates a unique kind of empathy that can sometimes improve the outcomes of a veterans disability case.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for no cost to determine whether we can help you. Call us today to schedule your free assessment.