10 Unquestionable Reasons People Hate Veterans Disability Law

Veterans Disability Lawyers

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

Select a veteran disability lawyer that is experienced in these types of cases and is familiar with the VA system. This will ensure that 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 are suffering from is connected to your military service. This is called a nexus. There are different types of evidence that you can use to show this connection, including medical records and independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.

It is easier to prove direct service connection for illnesses or injuries which occurred while in the military. If you've been injured while in the military and you now suffer from headaches and concussions, it's much easier to prove a direct service connection.

It is difficult to be connected to a service if you have an existing medical condition that was worsened while you were in military service. To show that your time in service caused or aggravated a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing an Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will typically issue the decision of approving or disapproving benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three review options which include an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Make sure you consider whether they understand your military experiences and the military's culture. This can make things easier for you and decrease the requirement to explain your situation and experiences in a layman's way.

You want a company that will work on your case throughout the multi-year appeals procedure. Beware of firms that help you with the initial stages of your case, and then vanish.

An experienced 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 and request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist you to win your benefits, including monetary compensation, aid and attendance, educational benefits or unemployment benefits.

How to get a higher rating

It is possible that your disability becomes worse or your symptoms are more severe. It is logical in this situation to ask for an increase in the rating. A veterans disability lawyer can assist in that process, and can help you dig up evidence to justify your request.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled. In the event that they fail to notice an injury or miss a condition that could be a combination of other disabilities to receive higher ratings it's important to have an expert review your records to spot any errors.

You can still submit a higher-level claim or review if you've been given a rating for more than one calendar year. This involves a thorough review of your file. It could result in changes to your effective date or an entirely new rating that's more in line with how you truly feel.

If you believe you deserve a rating of 100 percent or higher, you should consider applying for a supplemental claim. A disability lawyer can help make a convincing case for this rating, which is reserved only for the most severe of disabilities. A mental health condition, for example, may allow you to receive a 100% rating of disability because it could affect your job or result in frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or other medical conditions.

Help with the Appeals Process

Despite what some people may think the denial of a disability claim by the VA is not the end of an individual's chance to collect benefits. Former service members have one year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can assist a veteran in determining which of the three appeals routes is best for their case. They can also help veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They may even be able to provide veterans with a 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 managing VA disability claims, and they understand the rules and procedure completely. Some lawyers are veterans, so they know the challenges that disabled veterans face. This creates a unique kind of empathy, which can enhance the outcome of a disability claim for veterans.

The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claims for free to determine whether we can help you. Call us today to schedule your free assessment.