20 Resources To Make You Better At Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the claims process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Choose a veterans disability attorney who is specialized in handling these cases and knows the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it is confirmed that your illness is directly related to your military service. This is known as a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence backed by impartial experts.
It is simpler to prove a direct connection when injuries or illnesses were sustained while serving in the military. If you suffered injuries during your military service and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
However, it's more difficult to get service connected if you have a pre-existing medical condition that grew worse while in the military. To show that your time in service caused or aggravated a pre-existing medical condition, you'll need to present medical evidence 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. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three decision review options which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military background and army's culture. This can make it simpler for you to understand and reduce the need to describe your experiences and experiences in layman's terms.
You should also choose a firm who will continue to work on your case throughout the entire duration of your appeal. Beware of companies that will only assist you with the first phases of your claim and then vanish.
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 additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help you win your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployment benefits.
Earning a higher rating
It could be that your disability becomes worse or your symptoms get more severe. In that case it's logical to ask for an increase in your rating. A veterans disability lawsuit disability lawyer can assist you in this procedure, and assist you in locating evidence to prove your claim.
It's not unusual for the VA to make mistakes that result in an lower disability rating than you're entitled to. It's recommended to consult a professional to check your records for mistakes. They might have missed an injury or neglected to mention any issue that could have been added to another disability to earn an increase in rating.
Even the fact that it's been more one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These include a review of your entire dossier, which can result in changes to your effective date as well as a new rating more accurate to what you feel.
If you believe you deserve a rating of 100 percent, or higher, consider making a claim for supplemental benefits. A disability attorney can help you develop a convincing argument for this type of rating, which is reserved for very severe disabilities. A mental health issue such as depression, for instance, could be a reason to get a 100% rating of disability because it can hinder employment or cause frequent hospitalizations which are not typically triggering this level of a cardiovascular problem or other medical conditions.
Need Help with the Appeals Process
Contrary to what many believe contrary to what many may think, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. In fact, a former soldier has one year from the date the local veterans' hospital or office sends them a decision that is not favorable to appeal.
An experienced veterans disability lawyer can assist a veteran to determine which of the three current ways to appeal is most appropriate for their particular situation. They can also help veterans put the evidence they need to convince a higher level reviewer that their previous decision was not correct. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim deserves. They also have a wealth of experience in handling VA disability claims, and they know the rules and procedure inside out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates a unique type of empathy, which can help improve the outcome of a veterans disability case.
The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims for no cost to determine if we are able to assist you. Call us today to schedule your free assessment.