5 Things That Everyone Is Misinformed About About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and veterans disability lawyers service evidence to submitting an appeal of a claim that has been denied.

Select a veteran disability lawyer that is experienced in these cases and veterans disability lawyers is familiar with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits when it can be confirmed that your illness is connected to your military service. This is known as a "nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a nexus letter from current health care providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are independent.

It is simpler to prove the direct connection between your service and illnesses or injuries which occurred while in the military. If you have been injured in the military and now suffer from headaches and concussions it is much easier to prove a direct service connection.

It is harder to get service-connected if you had a pre-existing condition that worsened during your military service. To prove that your service has aggravated or worsened an existing medical condition, you must supply expert medical evidence that rises to the level of "clear and unmistakable" evidence.

Appealing a denied application

After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a complaint. A lawyer for veterans' disabilities can assist the claimant through the three decision review options -- a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can help you feel more comfortable and less requiring you to explain your experiences and situations in layman's terms.

You should also choose a firm who will continue to work on your case throughout the entire duration of your appeal. Be wary of companies that assist you in the initial stages of your case, only to then vanish.

An experienced New York veterans' disability attorney can assist you through all stages of the claim and appeals. They can help you submit additional medical evidence or 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 to claim benefits like monetary compensation, aid and attendance, education benefits, or unemployment benefits.

How can you get a better rating

There may be a point where your disability gets more severe or your symptoms become more complex or broader. It is logical in this scenario to ask for an increase in your rating. A lawyer for veterans' disability can assist in that process, and can help you find evidence to prove your claim.

It's not uncommon for the VA to make errors, which could result in a lower rating than you deserve. If they overlook an injury or miss a condition that could be linked with other disabilities to receive an increase in rating It's worthwhile to have an expert review your records to look for errors.

Even even if it's been more than one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file, and could result in changes to your effective date or an entirely new rating that's more in line with how you really feel.

It's also worth looking into a supplemental claim or higher-level review if you believe you deserve a disability rating of 100 percent or greater. A disability lawyer can assist you in putting together a convincing argument for this kind of rating, that is reserved for those with debilitating disabilities. For example mental health issues could be a reason to get an 100% disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization. These don't normally trigger this type of rating for cardiovascular condition or other medical problem.

Help with the Appeals Process

Despite what some people may believe, the denial of an appeal for disability by the VA is not the end of a person's chances to get benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office mails them an unfavorable determination to file an appeal.

A skilled veteran disability lawyer can help a veteran decide which of the three current appeals routes is most appropriate for their particular situation. They can also help with gathering the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They may even be able to provide veterans with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have extensive experience dealing with VA disability claims, and they understand the rules and procedure completely. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans disability lawsuits have to face. This creates an unique type of empathy, which can make a difference in the outcome of a veterans disability attorney disability case.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims for no cost to determine if we can assist you. Call us today to schedule your complimentary evaluation.