20 Resources To Make You More Efficient With Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal of a claim that has been denied.
Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be proven that your condition is related to your military service. This is called a nexus. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a the nexus letters from current health care providers (especially in the cases of mental health issues). There are instances that veterans suffer from medically-determined disabilities, but they are not able to be considered service-connected due to incomplete or omitted documents. These cases require the assistance of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is confirmed by independent experts.
It is much easier to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. For example, if you were hit in the head while serving and are now suffering headaches and concussions, there is a clear connection between those events and your current condition.
However, it's harder to get connected if you suffer from an existing medical condition that got worse while you were in the military. In order to prove that your service has aggravated or worsened an existing illness you must provide a doctor's medical evidence that reaches the level of "clear and undeniable" proof.
Appealing a denied application
The VA will review your application after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to submit a Notice of Disagreement. A disability attorney for veterans can guide the claimant through the three review options - a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military background and culture of the armed forces. This can make it simpler for you and lessen the need to describe your experiences and experiences in layman's terms.
You also want a firm that will work on your case for the duration of the appeals process over a period of years. Beware of firms that only assist you in the initial stages of your case, only to then disappear.
A seasoned New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, 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 education benefits, attendance benefits, or even unemployment.
Achieving a Higher Rating
There may be a point where your disability gets more severe or your symptoms become more complex or broader. In that situation it's sensible to seek a higher rating. A veterans disability lawyer can assist you in this process, and can help you find evidence to back your request.
It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled to. It's worth contacting an expert to look over your records for any errors. They may have missed an injury or omitted an issue that could be in conjunction with another disability to earn a higher rating.
You can still file a higher-level claim or review if you have been evaluated for more than a calendar year. These include a review of your entire record, which can result in changes to your effective date and a new rating that is more corresponding to what you feel.
It's also worth pursuing an additional claim or a higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or higher. A disability attorney can help you develop an argument that is convincing for this type of rating which is reserved for very severe disabilities. A mental illness for instance, might allow you to receive a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that would not normally trigger this level for a cardiovascular issue or other medical condition.
Need Help with the Appeals Process
Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. Former veterans have one year to appeal the decision if it is not favorable.
A skilled veterans disability lawyer can help a veteran decide which of the three pathways for appealing would be most suitable for their case. They can also help a vet get the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim requires. They also have extensive experience handling VA disability claims, and they know the rules and procedures inside and out. Additionally, some lawyers are veterans disability law firm themselves, firms which means they understand the issues disabled veterans face. This creates a distinct type of empathy, which can help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Call us today to set up your free evaluation.