20 Tools That Will Make You More Successful At Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a denied claim.
Choose a lawyer for veterans who focuses their practice on handling these cases and is aware of the VA's system inside and out. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it's confirmed that your illness is linked to your military experience. This is referred to as a relationship. There are different types of evidence you could prove the connection, including medical records, veterans disability lawyers independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). There are instances where veterans are diagnosed with medical disabilities, but they cannot be service connected because of insufficient or missing records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed by independent experts.
It is simpler to prove that there is a direct connection to your service for injuries or illnesses that occurred 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 is harder to get connected if you suffer from a pre-existing medical condition that became worse while in the military. In order to prove that your time in service aggravated or made worse an existing condition, you must supply expert medical evidence that reaches the level of "clear and irrefutable" proof.
Appealing a Denied Application
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a complaint. A veterans disability attorney disability lawyer can assist the claimant through the three possible review options including a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences as well as the culture of the armed services when selecting a New York veterans' disability lawyer. This will make the process more comfortable and less requiring you to explain your experiences and situations in plain language.
You should also choose a firm who will remain on your case for the entire duration of your appeal. Beware of companies that will only assist you in the initial phases of your claim and then go away.
A seasoned New York veterans disability' disability lawyer can assist you in every stage of your claim, including appeals. They can help you submit more medical evidence, file an official hearing, and also represent you at any Board meetings to ensure that your case is handled in a fair and fair manner. They can also assist you in obtaining you benefits such as monetary compensations, aid and education benefits, attendance benefits, or unemployedness.
Earning a higher rating
It is possible that your disability becomes worse or your symptoms are more severe. It is logical in this instance to seek an increase in rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to prove your claim.
It's not unusual for the VA to make errors, which could result in an under-rated rating than you deserve. Whether they accidentally miss an injury you've suffered or miss a condition that could be a combination of other disabilities in order to get an improved rating, it's worth having a professional look over your records to find any errors.
You are still able to submit a higher-level claim or review if you have been rated for more than a calendar year. These can include a review of your entire record, which may result in modifications to your effective date, as well as an updated rating that is more true to your feelings.
If you believe that you are entitled to an assessment of 100 percent or veterans disability lawyers more, it's worth making a claim for supplemental benefits. A disability lawyer can help make a convincing case for this rating that is reserved for the most debilitating of disabilities. A mental illness such as depression, for instance, could be a reason to get a 100 percent disability rating because it could affect your job or cause frequent hospitalizations that are not typically triggering this level for a heart problem or other medical conditions.
Getting help with the Appeals Process
Contrary to what many believe Contrary to what some may believe, an VA denial of disability benefits does not mean that an individual is not eligible for benefits. Former service members have a year to appeal a decision that is not favorable.
A skilled veteran disability lawyer can help a veteran determine which of the three current appeals options is most suitable for their case. They can also assist an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can even provide a veteran with a formal hearing before an Veterans Law Judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim requires. They also have a wealth of experience managing VA disability claims, and they know the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This can create a distinct type of empathy which could help in the resolution of an appeal for 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 help you. Contact us today to arrange your complimentary evaluation.