15 Surprising Facts About Veterans Disability Law

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A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to submitting an appeal of a denied claim.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system inside out. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if they can prove that the condition you are suffering from is a result of your military service. This is referred to as nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus note from current healthcare providers (especially in the case of mental health problems). There are instances when veterans have medically determinable disabilities, but they cannot be service connected because of incomplete or omitted documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by impartial experts.

It is easier to establish a direct connection if injuries or illnesses 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 easier to establish a direct connection to the service.

However, it is more difficult to get connected if you suffer from an existing medical condition that became worse when you were in the military. To prove that your service worsened or aggravated an existing condition you must provide a doctor's medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided medical evidence. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A lawyer for veterans' disability can help the claimant navigate the three review options that include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This can make it easier for you and reduce the need to explain your situations and experiences in a layman's way.

You need a firm that will be working on your case throughout the multi-year appeals procedure. Beware of firms who only assist you in the initial stages of your claim and then go away.

An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, file an official hearing, and also represent you in any Board meetings to ensure that your case is handled in a fair manner. They can also assist you in obtaining you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployment.

Earning a higher rating

It could happen that your disability gets worse or your symptoms are more severe. It makes sense in this situation to ask for an increase in rating. A veteran disability lawyer can assist you with this process and assist you to collect evidence to back your claim.

It's not common for the VA to make mistakes that result in an lower disability rating than you're entitled. In the event that they fail to notice an injury or overlook a problem that could be a combination of other disabilities to earn a higher rating It's worthwhile to have an expert look over your records to find any mistakes.

Even if it's been more than one year since you made your initial rating decision, you still have the option of filing an additional review or claim. These are a thorough examination of your file. It could result in a change to your effective date or a new rating that's more accurate to what you feel.

It's also worth seeking an additional claim or a more thorough review if you deserve a disability rating of 100 percent or more. A disability lawyer can assist you in putting together a convincing argument for this kind of rating, that is reserved for those with debilitating disabilities. For example, a mental health condition could be a reason to get a 100% disability rating because it could cause significant interference with employment or frequent periods of hospitalization that do not normally trigger such a rating for a cardiovascular illness or other medical issues.

Getting help with the Appeals Process

Contrary to what some may think that denying a disability claim by the VA isn't the end of an individual's ability to receive benefits. In fact, a former servicemember is given one year from the date that their local veterans hospital or office mails them a denial to file an appeal.

An experienced lawyer for veterans disability lawyers veterans can assist a veteran in determining which of the three current appeals options is most suitable for their case. They can also help a vet in gathering the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can also provide a veteran with an additional formal hearing front of a veterans disability law firms Law judge.

A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have a wealth of experience in handling VA disability claims, and they know the rules and procedures completely. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This can result in a unique type of empathy which can help improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Contact us now to schedule your free assessment.