Learn To Communicate Veterans Disability Law To Your Boss
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the claims process.
Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it is confirmed that your illness is linked to your military experience. This is known as a "nexus. You can use a variety of evidence to prove this connection. These include medical records, independent health assessments (IME), or the nexus letters from current healthcare providers (especially in the cases of mental health issues). Sometimes, veterans disability attorneys have medically determined disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is supported by independent experts.
It is easier to prove a direct connection when illnesses or injuries occurred while you were in the military. For instance, if suffered head injuries during your time in service and you are suffering headaches and concussions, there is a clear connection between those events and your current condition.
However, it is more difficult to get service connected if you have a pre-existing medical condition that grew worse when you were in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing to a Denial
The VA will review your case after you have submitted your application and submitted medical evidence. It usually makes a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to make a notice of disagreement. A veterans disability attorney can assist the claimant through the three review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer Be sure to think about whether they are familiar with your military background and culture of the armed forces. This can make the process more enjoyable and less demanding for you to explain your experience and situations in plain language.
You also need a company that will work on your case for the entire appeals process of several years. Be wary of firms that help you with the initial stages of your claim and then disappear.
An experienced New York veterans disability attorney can assist with all stages 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 that your case is dealt with fairly. They can also assist you to obtain benefits like monetary compensation aid and attendance, education benefits or unemployment benefits.
How can I get a better rating
It may happen that your disability becomes worse or your symptoms become more severe. It makes sense in this instance to seek an increase in rating. A veteran disability lawyer can assist you in this process and assist you to gather evidence to support your claim.
It's not common for the VA to make mistakes that lead to a lower disability rating than you deserve. In the event that they fail to notice an injury that you suffer from or ignore a condition that could be combined with other disabilities to receive an improved rating, it's worth having a professional look over your records to find any mistakes.
You are still able to submit a higher-level claim or review if you've been rated for more than a calendar year. This involves a thorough review of your dossier and may result in a change to your effective date or an entirely new rating that's more accurate to how you truly feel.
It's also worth looking into an additional claim or higher-level review if you're arguing that you deserve a disability rating that is 100 percent or more. A disability lawyer can help you create a compelling case for this rating, which is reserved only for the most debilitating disabilities. A mental health problem such as depression, for instance, could allow you to receive a 100 percentage disability rating since it could hinder your employment or cause frequent hospitalizations which would not normally trigger this level for a cardiovascular problem or other medical conditions.
Assistance with the Appeals Process
Contrary to what some believe, a VA denial of disability benefits doesn't mean that a person isn't eligible to receive benefits. In fact, a former military member is given one year from the date that their local veterans hospital or office mails them a decision that is not favorable to appeal.
An experienced veterans disability attorney can assist a vet in determining which of the three options for appeal is the best option for his particular case. They can also assist an individual vet put the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim demands. They also have extensive experience handling VA disability claims, and they know the rules and procedures inside and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This can lead to a particular type of empathy which could help in the resolution of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us today for your free evaluation.