Is Tech Making Veterans Disability Law Better Or Worse
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Select a veteran disability attorney that specializes in these 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 award disability benefits if you can prove that the condition is linked to your military service. This is called a nexus. There are various types of evidence you could prove this connection, including medical records as well as independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans disability law firms have medically determined disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed up by independent experts.
It is easier to prove a direct service connection when illnesses or injuries were sustained while serving in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it is easier to prove a direct service connection.
However, it is more difficult to get service connected if you have an existing medical condition that worsened during your time in the military. To show that your time in service has aggravated or exacerbated a pre-existing medical condition, you'll need to present medical evidence that is "clear and irrefutable".
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will usually issue an opinion either approving or denial of benefits. If the decision is not in favor the veteran is given one year to make a notice of disagreement. A disability lawyer for veterans can assist the claimant through the three review options that include a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing the right New York veterans disability lawyer Take into consideration whether they are familiar with your military experiences and the traditions of the armed forces. This will make the process more comfortable and less demanding for you to explain your experiences and situations in plain language.
You should also find a firm who will remain on your case for the entire duration of your appeal. Be wary of firms that only assist you with the first stages of your case, and then disappear.
An experienced New York veterans' disability attorney can assist you at every stage of your claim, including 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 handled fairly. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.
How can you get a better rating
There may be a point that your disability becomes more severe, or your symptoms get more complex or broader. It makes sense in this case to request an increase in rating. A veterans disability lawyers disability lawyer can assist you in this process, and they can help you dig up evidence to back your request.
It's not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. It's recommended to consult a professional to check your records for mistakes. They might have missed an injury or neglected to mention an issue that could be in conjunction with another disability to get an improved rating.
You can still file a higher-level claim or review if you've been evaluated for more than a calendar year. These are a thorough examination of your dossier and may result in the change of your effective date or an updated rating that is more accurate to what you really feel.
It's also worth looking into an additional claim or higher-level review if you deserve a disability rating of 100 percent or higher. A disability lawyer can assist you to create a compelling case for this rating which is only available for the most serious disabilities. A mental illness, for example, may be a reason to get a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations that would not normally trigger this level for a heart issue or other medical condition.
Getting Help with the Appeals Process
Contrary to what some may believe the fact that an VA denial of disability benefits doesn't mean that a person isn't eligible to receive benefits. In fact, a former veteran is given one year from the date that their local veterans hospital or office mails them an unfavorable determination to appeal.
A skilled veteran disability lawyer can help a veteran decide which of the three pathways for veterans disability lawyers appealing would be best for their case. They can also help veterans put the evidence together needed to convince a higher level reviewer that their previous decision was not right. They can even 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 will also have extensive experience handling VA disability claims, and they understand the rules and procedure in detail. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This can lead to a particular type of empathy which can improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us today to set up your free assessment.