20 Things You Need To Know About 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 filing an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claims process.

Choose a veterans disability attorney who limits their practice to handling these cases and knows 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 grant disability benefits if you can prove that the condition is related to your military service. This is known as a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME), or nexus letter from current healthcare providers (especially in the cases of mental health issues). There are times that veterans suffer from medically-determined disabilities, but are unable to be considered service-connected due to insufficient or missing records. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence that is backed by independent experts.

It is easier to prove that there is a direct connection to your service for injuries or illnesses that you sustained while in the military. If you suffered injuries in the military and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

However, it's more difficult to get connected if you suffer from an existing medical condition that worsened during your time in the military. In order to prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that rises to the level of "clear and unmistakable" proof.

Appealing a denied application

The VA will review your case after you have submitted your application and submitted medical evidence. It usually issues a decision that either approves or veterans disability lawyer denies benefits. If the decision is unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three review options including an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military background and culture of the armed forces. This will make the process more enjoyable and less requiring you to describe your experiences and situations in plain language.

You should also choose a firm that will continue to work on your case for the entire multi-year appeals process. Be wary about firms that help you with the initial stages of your claim and then disappear.

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 additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also assist in obtaining you benefits like cash compensations, aid or education benefits, attendance benefits, or even unemployment.

Earning a higher rating

It may happen that your disability gets worse or your symptoms get more severe. In that situation it's logical to ask for an increase in your rating. A veterans disability lawyer can help with that process, and help you dig up evidence to prove your claim.

It's not unusual for the VA make mistakes, resulting in receiving a lower score than you deserve. It's recommended to consult an expert to review your records for any errors. They might have missed an injury or missed the issue that could be in conjunction with another condition to get a higher rating.

Even the fact that it's been more a year since your initial rating decision, you can file an additional review or claim. These include a review of your entire file that could lead to changes to your effective date as well as a new rating more accurate to what you feel.

It's also worth pursuing a supplemental claim or veterans Disability Lawyer higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help you create a compelling case for this rating which is only available for the most serious disabilities. A mental health issue like this one, for instance, may qualify you for a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations that would not normally trigger this level for a heart problem or other medical conditions.

Getting Help with the Appeals Process

Contrary to what many people believe that denial of an appeal for disability by the VA is not the end of an individual's chance to receive benefits. Former service members have one year to appeal the decision if it is not favorable.

An experienced veterans disability attorneys disability lawyer can assist a veteran in determining which of the three current pathways for appealing would be most appropriate for their particular situation. They can also assist veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can give a veteran an additional formal hearing before a Veterans Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim demands. They are also likely to have a vast experience handling VA disability claims and are aware of the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This can result in a unique type of empathy which could help in the resolution of an issue involving veterans' disability.

Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claim for free to determine if we are able to assist you. Contact us today to schedule your free evaluation.