Five Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service evidence to submitting an appeal of a claim that has been denied.

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

Proving Service Connection

The VA will only provide disability benefits if it is confirmed that your illness is connected to your military service. This is referred to as linkage. There are many types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus note from current health care providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is backed by experts who are impartial.

It is much easier to prove a direct connection when injuries or illnesses occurred while you served in the military. For instance, if you were struck in the head during service and now suffer headaches and concussions there is a direct link between the events that led to the current condition you are suffering from.

However, it is more difficult to be connected if you suffer from an existing medical condition that grew worse when you were in the military. To prove that your time in service has aggravated or worsened an existing illness you must provide a doctor's medical evidence that rises to the level of "clear and unmistakable" evidence.

Appealing a Denied Application

The VA will review your case after you have submitted your application and submitted medical evidence. The VA will typically issue a decision approving or denying benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A veterans disability lawsuit disability lawyer can help the claimant navigate the three review options -- the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they understand your military experience and traditions of the armed forces. This will make the process more relaxed and eliminate the need for you to talk about your experiences and the circumstances in layman's terms.

You should also choose a firm that will continue to work on your case for the entire duration of your appeal. Beware of firms who only assist you in the initial stages of your case, and then go away.

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 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 in obtaining you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployment.

Receiving a Better Rating

There might come a time when your disability gets worse or your symptoms become more complex or broader. It is logical in this case to request an increase in your rating. A Veterans Disability (Highwave.Kr) lawyer can assist you in this process, and they can help you find evidence to prove your claim.

It's not unusual for the VA to make mistakes that result in receiving a lower score than you deserve. If they overlook an injury you've suffered or overlook a problem which could be linked to other disabilities to receive higher ratings It's worthwhile to have an expert review your records to look for errors.

You may still file a higher-level claim and review if you've been given a rating for more than one calendar year. This could include a thorough review of your entire file, that could lead to changes to your effective date, as well as a new rating more accurate to the feelings you have.

If you believe that you are entitled to a rating of 100 percent, or higher, it's worth seeking a supplemental claim. A disability lawyer can help you develop a compelling argument for this kind of rating, that is reserved for those with severe disabilities. A mental health issue, for example, may qualify you for a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations which do not normally trigger this level of severity for a heart issue or other medical condition.

Assistance with the Appeals Process

Contrary what some believe, an VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former veteran has a year from the date that their local veterans hospital or office mails them a negative decision to appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three ways to appeal is best for their case. They can also help an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can give a veteran an additional formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They are also likely to have a vast experience handling VA disability claims and understand the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a unique type of empathy that can enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Contact us now to schedule an evaluation for free.