Indisputable Proof You Need Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the claims process.

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

Proving Service Connection

The VA will only grant disability benefits if you prove that the condition you suffer from is connected to your military service. This is called a nexus. There are many types of evidence you can prove the connection, such as medical records or independent medical exams (IME), and nexus letters from current health professionals or therapists (especially for mental health conditions). There are times where veterans are diagnosed with medical disabilities, but they cannot be considered service-connected due to insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and 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 you sustained while in the military. If you have been injured in the military and you now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

It is difficult to be service-connected if you had a pre-existing condition that worsened during your military service. In order to prove that your time in military service worsened or aggravated a pre-existing illness You must present expert medical evidence that is at the level of "clear and undeniable" evidence.

Appealing an Denial

After filing an application and submitting medical evidence The VA will review the application. It usually issues a decision that either approves or denies benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three decision review options which include an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Make sure you consider whether they understand your military experience and traditions of the armed forces. This can make things easier for you and lessen the need to explain your situations and experiences in layman's language.

You also need a company that will work on your case for the entire multi-year appeals process. Be wary about firms that assist you with the initial stages of your claim and then disappear.

An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also help win you benefits like monetary compensations, aid and education benefits, attendance benefits, or even unemployment.

Receiving a Better Rating

There may come a time that your disability becomes more severe, or your symptoms get more complicated or broad. It makes sense in this scenario to ask for an increase in the rating. A veterans disability lawyer can assist with this procedure, and veterans disability lawyers assist you in locating evidence to back your request.

It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. It's a good idea to hire an expert to review your records for errors. They may have overlooked an injury or missed an issue that could be in conjunction with another disability to earn an improved rating.

You may still submit a higher-level claim or review if you've been rated for more than a calendar year. This could include a thorough review of your entire dossier, which could result in changes to the effective date of your claim and a new rating more accurate to your personal feelings.

It's also worth pursuing an additional claim or higher-level review if you're trying to argue that you're entitled to a disability rate of 100 percent or more. An attorney for Veterans disability Lawyers disability can help you develop an argument that supports this type of rating, which is reserved for very difficult to treat disabilities. For example the mental health issue could be a reason to get an 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that do not usually trigger this level of rating for cardiovascular disease or other medical issue.

Helping with the Appeals Process

Contrary to what some believe, the fact that a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former servicemember has one year from the date that the local veteran's hospital or office sends them a denial to appeal.

An experienced lawyer for veterans can help a veteran decide which of the three appeals options is most suitable for their case. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an additional formal hearing before an Veterans Law judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim deserves. They also have a wealth of experience handling VA disability claims, and they are aware of the rules and procedure inside and out. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans disability lawsuit. This creates a unique type of empathy, which can improve the outcomes of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us now to schedule your free evaluation.