15 Reasons You Shouldn t Overlook Veterans Disability Law

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A veteran disability lawyer can assist you through the entire claims process. From collecting medical and service evidence to filing an appeal against a denied claim A veteran disability lawyer can assist you through the entire claims process.

Choose a veteran disability lawyer who is specialized in dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition is a result of your military service. This is referred to as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health assessments (IME), or nexus letter from current health care providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is confirmed by unbiased experts.

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

However, it is harder to get connected if you have a pre-existing medical condition that worsened when you were in the military. To prove that your service aggravated or made worse an existing medical condition, you must supply expert medical evidence that reaches the level of "clear and undeniable" proof.

Appealing an Denial

After submitting an application and providing medical evidence, the VA will review the case. The VA typically issues an approval or denial of benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A lawyer for veterans' disabilities can assist the applicant navigate the three options for review that include a supplemental claim, higher-level review, or direct appeal to the Board of veterans disability law firms' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will help you feel more comfortable and less requiring you to explain your experience and circumstances in plain English.

You'll want a firm that will take on your case throughout the lengthy appeals process. Be wary of firms that assist you in the first stages of your case, only to then go away.

A seasoned New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, ask for an official hearing and represent you at any Board meetings to ensure your case will be handled fairly. They can also assist you to obtain benefits like monetary compensation, aid and attendance, education benefits or unemployability benefits.

How to get a higher rating

It could happen that your disability becomes worse or your symptoms are more severe. In this case, it makes sense to seek an increase in your rating. A veteran disability lawyer can assist you in this process and assist you to collect evidence to back your claim.

It's not common for the VA to make mistakes that lead to an lower disability rating than you deserve. If they miss an injury or miss a condition that could be linked with other disabilities to earn an improved rating it's important to have an expert look over your records to find any mistakes.

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

If you believe that you are entitled to an assessment of 100 percent, or higher, consider seeking a supplemental claim. A disability lawyer can assist you to develop a compelling argument for this rating which is reserved for the most debilitating of disabilities. A mental health problem like this one, for instance, may allow you to receive a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations that do not normally trigger this level of severity for a heart problem or any other medical condition.

Helping with the Appeals Process

Contrary to what some believe contrary to what many may think, an VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. In fact, a former military member can wait one year from date that their local veterans hospital or office mails them a negative decision to file an appeal.

A skilled veterans disability law firms disability lawyer can help a veteran decide which of the three current ways to appeal is most appropriate for their particular situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even assist veterans with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They also have extensive experience in handling VA disability claims, and they understand the rules and procedure in detail. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates an unique type of empathy that can improve the outcomes of a veterans disability case.

The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims for free to determine if we can help you. Contact us today for your complimentary evaluation.