Five Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veterans disability attorney that is solely handling these cases and knows the VA system from head to toe. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it is established that your condition is linked to your military experience. This is referred to as linkage. There are many types of evidence you could prove this connection, such as medical records as well as independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed by unbiased experts.

It is easier to prove a direct connection when illnesses or injuries were sustained while serving in the military. If you were injured in the military, and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

However, it's more difficult to be connected if you have a pre-existing medical condition that worsened while you were in the military. To prove that your time in the military caused or aggravated a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denied Application

After submitting an application and providing medical evidence The VA will review the application. It usually issues a ruling which either approves or denies benefits. If the decision is not in favor the veteran is given one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant in navigating the three possible review options which include an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawsuit disability lawyer Make sure you consider whether they can understand your military experiences and the traditions of the armed forces. This can make it simpler for you and decrease the requirement to explain your situation and experiences in layman's language.

You want a company that will work on your case throughout the long appeals procedure. Beware of firms who only assist you with the initial phases of your claim and then vanish.

A seasoned New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing, and represent you in any Board sessions to ensure that your case will be dealt with in a fair manner. They can also help you get your benefits, like monetary compensation, aid and attendance, education benefits or unemployment benefits.

How to get a higher rating

It is possible that your disability gets worse or your symptoms become more severe. It makes sense in this instance to seek a higher rating. A veterans disability lawyer can help with that procedure, and help you find evidence to prove your claim.

It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. Whether they accidentally miss an injury or miss a condition that could be combined with other disabilities to get an increase in rating It's a good idea to have a professional look over your records to look for errors.

You can still submit a higher-level claim or review if you've been evaluated for more than a calendar year. These involve a full review of your dossier and may result in an amendment to your effective date or an updated rating that is more in line with how you truly feel.

It's also worth looking into an additional claim or a more thorough review if you're trying to argue that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can help you make a convincing case for this rating which is only available for the most debilitating disabilities. For example an illness that is mental could qualify you for an absolute disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of the rating for a heart condition or other medical problem.

Helping with the Appeals Process

Despite what some think, the denial of claims for disability by the VA isn't the end of an individual's chance to collect benefits. Former veterans have one year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be best for their case. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing before an Veterans Law judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim requires. They are also likely to have extensive experience handling VA disability claims and know the rules and procedures from top to bottom. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy that can make a difference in the outcome of a veterans disability case.

The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims free of charge to determine if we are able to assist you. Contact us today for an appointment for a free evaluation.