20 Tips To Help You Be Better At Veterans Disability Law

Veterans Disability Lawyers

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

Select a veteran disability lawyer who is specialized in these types of cases and is familiar with the VA system. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it's confirmed that your illness is connected to your military service. This is called a relationship. There are many types of evidence you can demonstrate this connection, such as medical records or independent medical exams (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is confirmed by unbiased experts.

It is easier to establish a direct connection when illnesses or injuries occurred during your time in the military. For example, if you were struck in the head during service and now suffer from concussions and headaches, there is a clear link between the two events and your current condition.

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

Appealing a Denial

The VA will review your case after you have submitted your application and Vimeo provided evidence of medical necessity. The VA will typically issue a decision approving or denying benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disparagement. A lawyer for veterans' disability can help the claimant navigate the three possible review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the culture of the armed services when selecting the New York veterans' disability lawyer. This can make the process more relaxed and eliminate the need for you to describe your experiences and the circumstances in layman's terms.

You also want a firm who will continue to work on your case throughout the entire duration of your appeal. Beware of firms that only assist you in the initial stages of your claim and then disappear.

An experienced New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist you to win your benefits, such as monetary compensation, aid and attendance, education benefits or unemployed benefits.

Achieving a Higher Rating

There may come a time when your disability gets worse or your symptoms become more difficult or wider. In that situation it is sensible to request a higher rating. A veterans disability lawyer can assist in that process, and they can help you dig up evidence to prove your claim.

It's not uncommon for the VA to make errors, which could result in receiving a lower score than you deserve. Whether they accidentally miss an injury you have or overlook a problem that could be linked with other disabilities in order to get a higher rating, it's worth having a professional look over your records to look for errors.

You are still able to make a higher-level claim, or review if you have been given a rating for more than one calendar year. This involves a thorough review of your file. It could result in changes to your effective date or an entirely new rating that's more accurate to what you truly feel.

It's also worth seeking an additional claim or a more thorough review if you're arguing that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can assist you to build a strong case for this rating which is only available for the most serious disabilities. For example mental health issues could qualify you for an 100% disability rating because it could cause significant disruption to your work or frequent periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.

Help with the Appeals Process

Contrary to what some may think, the denial of an appeal for disability by the VA is not the end of an individual's chance to collect benefits. Former service members have a year to appeal any decision that isn't favorable.

A skilled veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be best for their case. They can also help columbus veterans disability attorney gather the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can even provide veterans with a more formal hearing before a Veterans Law Judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim requires. They also have extensive experience handling VA disability claims and understand the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This can lead to a particular kind of empathy that can improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can help you. Contact us today for your free assessment.