20 Resources That Will Make You Better At Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claim process.

Choose a lawyer for veterans who is specialized in handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it can be proven that your condition is connected to your military service. This is referred to as a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and submit evidence that is backed by independent experts.

It is much easier to prove an immediate connection with your service to injuries or illnesses which occurred while in the military. For instance, if you suffered head injuries while serving and are now suffering headaches and concussions, there is a strong connection between these events and your current condition.

It is harder to get service-connected if you had a pre-existing condition that worsened while you were in military service. To prove that your service aggravated or made worse a pre-existing illness you must provide a doctor's medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing an Denial

The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision which either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three options for review including a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experiences and the culture of the armed forces. This can make things easier for you and lessen the need to describe your experiences and experiences in layman's terms.

You also want a firm who will continue to work on your case for the entire duration of your appeal. Be wary of firms that help you with the initial stages of your claim and then vanish.

A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting more medical evidence, request an official hearing, and also represent you in any Board meetings to ensure your case will be handled in a fair manner. They can also help win you benefits like cash compensations, aid or education benefits, attendance benefits, or unemployability.

Getting a Higher Rating

It could happen that your disability gets worse or your symptoms get more severe. In that situation it's sensible to seek an increase in your rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to support your claim.

It's not common for the VA to make mistakes that result in an lower disability rating than you deserve. It's worth contacting an expert to examine your records for mistakes. They could have missed an injury or left out an issue that could be coupled with another disability to earn a higher rating.

You may still file a higher-level claim and review if you have been given a rating for more than one calendar year. These involve a full review of your file and can result in a change to your effective date or a new rating that's more accurate to how you really feel.

It's also worth seeking a supplemental claim or higher-level review if you're entitled to a disability rate of 100 percent or greater. An attorney for disability can assist you in putting together a convincing argument for this type of rating, that is reserved for those with difficult to treat disabilities. For instance the mental health issue could be a reason to get an absolute disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization. These don't usually trigger this level of the rating for a heart condition or other medical problem.

Need help with the Appeals Process

Contrary to what some believe contrary to what many may think, an VA denial of disability benefits does not mean that an individual isn't eligible to receive benefits. In fact, a former soldier has a year from the date that the local veteran's hospital or office mails them an unfavorable determination to appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three current appeals routes is the best option for their situation. They can also help veterans disability lawsuits in obtaining the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even provide a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have extensive experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans disability lawsuits. This can create a distinct kind of empathy that can help improve the outcome of the case of a disabled veteran.

Sullivan and Kehoe's team highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Call us today to set up your complimentary evaluation.