15 Astonishing Facts About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering medical and service evidence to filing an appeal against an appeal denied.

Choose a veteran disability lawyer who is specialized in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it's proven that your condition is linked to your military experience. This is referred to as a relationship. There are a variety of evidence you can prove this connection, such as medical records or independent medical exams (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are times when veterans have medically determined disabilities, but they are not able to be considered service-connected due to missing or incomplete documents. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed by independent experts.

It is much easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For instance, if you received a head injury during service and now suffer headaches and concussions there is a clear link between the events that led to your current condition.

It is harder to get connected to the military if you suffered from an existing medical condition that was worsened while you were in military service. To prove that your service aggravated or worsened a pre-existing condition, you will need to provide expert medical evidence that is "clear and undisputed".

Appealing an Denial

After filing an application and submitting medical evidence, the VA will review the case. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a complaint. A disability lawyer for veterans disability lawsuit can assist the claimant through the three decision review options which include an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the military's culture when choosing a New York veterans' disability lawyer. This can make things easier for you to understand and reduce the need to describe your experiences and experiences in layman's language.

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

An experienced New York veterans' disability attorney can assist you through all stages of the claim and appeals. They can assist you in submitting more medical evidence, file an official hearing and assist you at any Board meetings to ensure that your case will be dealt with fairly. They can also assist you in obtaining you benefits, such as assistance, monetary compensations and attendance benefits, education benefits, or even unemployment.

Achieving a Higher Rating

There could be a point that your disability becomes more severe or your symptoms become more difficult or wider. It is logical in this instance to seek an increase in the rating. A veterans disability lawyer can assist in that procedure, and assist you in finding evidence to justify your request.

It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled. In the event that they fail to notice an injury that you suffer from or miss a condition which could be linked to other disabilities in order to get an increase in rating, it's worth having an expert review your records to identify any errors.

You can still file a higher-level claim or review if you've been rated for more than a calendar year. These are a thorough examination of your file, and could result in the change of your effective date or an entirely new rating that's more accurate to what you really feel.

If you believe that you are entitled to a rating of 100 percent, or higher, it's worth making a claim for supplemental benefits. A disability attorney can assist you in putting together a compelling argument for this type of rating, which is reserved for very severe disabilities. A mental health issue like this one, for instance, may be a reason to get a 100% rating of disability because it could affect your job or trigger frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or any other medical condition.

Need Help with the Appeals Process

Contrary to what some may think the denial of an appeal for disability by the VA isn't the end of an individual's chances to get benefits. In fact, a former veteran can wait one year from date their local veterans hospital or office sends them an unfavorable determination to file an appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three pathways for appealing would be best for their case. They can also help veterans gather all the evidence required to convince a higher level reviewer that their previous decision was wrong. They may also give a veteran an additional formal hearing before an Veterans Law judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim deserves. They also have extensive experience dealing with VA disability claims, and they know the rules and procedure inside out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. 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 for free to determine whether we can help you. Call us today to set up your free assessment.