Five Killer Quora Answers To 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 on a denied claim A veteran disability lawyer can assist you throughout the entire claims process.
Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if they can prove that the condition you are suffering from is related to your military service. This is referred to as a relationship. You can use different types of evidence to prove the connection. These include medical documents, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes veterans have medically determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make an entire claim and provide evidence that is supported by unbiased experts.
It is simpler to establish a direct service connection if injuries or illnesses occurred during your time in the military. For example, if you were struck in the head in the course of your service and suffer headaches and concussions there is a strong connection between the events that led to your current health condition.
It is a lot more difficult to become service-connected if there was an existing condition that got worse during your military service. To prove that your service time has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing an Denial
After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veterans disability lawyer can assist the claimant through the three decision review options including an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer, be sure to consider whether they can understand your military experience and army's culture. This can make it simpler for you and lessen the requirement to explain your situation and experiences in layman's terms.
You also want a firm that will work on your case for the entire multi-year appeals process. Beware of companies that will only assist you with the initial stages of your claim and then go away.
A seasoned New York veterans disability lawsuit disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing, and also represent you at any Board meetings to ensure your case will be handled fairly. They can also assist in obtaining you benefits such as monetary compensations, aid and education benefits, attendance benefits, or even unemployment.
How to get a higher rating
There might come a time when your disability becomes more serious, or your symptoms get more complicated or broad. In this case it's logical to seek an increase in your rating. A veterans disability lawyer can assist you in this process, and assist you in locating evidence to back your request.
It's not unusual for the VA to make errors, which could result in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to look over your records for mistakes. They might have missed an injury or missed the issue that could be in conjunction with another disability to earn a higher rating.
Even if it's been more than a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These involve a full review of your file. It could result in the change of your effective date or an updated rating that is more in line with how you feel.
It's also worth pursuing an additional claim or a more thorough review if 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 that is reserved for the most debilitating of disabilities. A mental health issue, for example, may make you eligible for a 100 percent disability rating, as it could hinder your employment or trigger frequent hospitalizations that don't normally trigger this level for a heart problem or other medical issues.
Getting Help with the Appeals Process
Contrary to what some believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. In fact, a former servicemember has a year from the date the local veterans' hospital or office mails them a decision that is not favorable to file an appeal.
An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most appropriate for their particular situation. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They may also give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have extensive experience in handling VA disability claims, and they know the rules and procedure in detail. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates a unique type of empathy that can sometimes enhance the outcome of a veterans disability case.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we are able to assist you. Contact us today to arrange your free assessment.