This Is The Ultimate Guide To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can assist you through the entire claims process.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system inside out. 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 is related to your military service. This is referred to as a linkage. There are many types of evidence you can prove this connection, including medical records as well as independent medical examinations (IME) and the nexus letters of current health professionals or therapists (especially for mental health issues). There are times when veterans have medically determinable disabilities, but they cannot be service connected because of incomplete or omitted documents. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.

It is simpler to establish a direct service connection when illnesses or injuries occurred while you served in the military. For instance, if you received a head injury while serving and are now suffering from concussions and headaches, Veterans disability attorney there is a strong connection between those events and your current health condition.

It is a lot more difficult to become connected to a service if you have an existing condition that got worse during your military service. To prove that your service time aggravated or worsened a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a denied application

The VA will review your application after you have submitted your application and submitted medical evidence. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability attorney can guide the claimant through the three review options - an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience as well as the traditions of the armed forces when choosing a New York veterans disability attorneys' disability lawyer. This will make the process more comfortable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.

You should also choose a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of firms who only help you with the initial stages of your claim, and then disappear.

A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit additional medical evidence, request an official hearing and represent you at any Board meetings to ensure your case will be dealt with fairly. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits or unemployed benefits.

How do I obtain a higher rating

It could be that your disability gets worse or your symptoms are more severe. It is logical in this instance to seek a higher rating. A veterans disability lawyer can assist you in this procedure, and assist you in finding evidence to prove your claim.

It's not common for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. Whether they accidentally miss an injury you've suffered or ignore a condition which could be linked to other disabilities to earn an increase in rating It's worthwhile to have an expert look over your records to find any mistakes.

Even even if it's been more than one year since you made your initial rating decision, you still can file a higher-level review or supplemental claim. These involve a full review of your file, and could result in an amendment to your effective date or an entirely new rating that's more accurate to what you truly feel.

It's also worth seeking an additional claim or a more thorough review if you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help you develop an argument that is convincing for this type of rating which is reserved only for difficult to treat disabilities. For example, a mental health condition could be a reason to get an 100% disability rating because it can cause marked interference with employment or frequent periods of hospitalization. These don't usually trigger this level of an assessment for a cardiovascular condition or other medical problem.

Assistance with the Appeals Process

Contrary to what some believe, an VA denial of disability benefits does not mean that a person is in no position to claim benefits. Former military personnel have a year to appeal an outcome that is not favorable.

An experienced veterans disability attorney can assist a veteran in determining which of the three appeals options would be best for his situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even assist veterans with a more formal hearing before an Veterans Law Judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim needs. They will also have extensive experience in handling VA disability claims, and they are aware of the rules and procedure in detail. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This creates an unique type of empathy that can help improve the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us today to schedule your complimentary evaluation.