Tips For Explaining Veterans Disability Law To Your Boss
Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From gathering evidence of medical and other service to filing an appeal against a claim that has been denied.
Choose a veterans disability attorney who focuses their practice on handling these cases and knows the VA's system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is proved that your condition is linked to your military experience. This is referred to as a connection. You can use different types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus letter from your current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by independent experts.
It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. For instance, veterans disability Attorney if were struck in the head during your time in service and you are suffering headaches and concussions there is a clear link between these events and your current condition.
It is harder to get connected to the military if you suffered from an existing condition that deteriorated during your military service. To prove that your service time has aggravated or exacerbated a pre-existing health condition, you'll have to present medical evidence that is "clear and irrefutable".
Appealing a Denial
The VA will review your case after you have submitted your application and veterans disability attorney submitted medical evidence. The VA will usually issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A veterans disability attorney (links.musicnotch.com) can assist the claimant through the three decision review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing the right New York veterans disability lawyer, be sure to consider whether they understand your military background and army's culture. This can help you feel more comfortable and eliminate the need for you to explain your experience and the circumstances in layman's terms.
You also want a firm that will work on your case for the duration of the appeals process over a period of years. Be wary about firms that help you with the initial stages of your case, only to then go away.
A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit more medical evidence, request an official hearing and assist you in any Board meetings to ensure your case will be dealt with fairly. They can also assist in obtaining you benefits like monetary compensations, aid and attendance benefits, educational benefits, or unemployment.
How can you get a better rating
It could happen that your disability becomes worse or your symptoms get more severe. It is logical in this situation to ask for an increase in your rating. A veterans disability lawyer can assist you in this process, and help you find evidence to back your request.
It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled. It's worth contacting an expert to review your records for any errors. They might have missed an injury or neglected to mention a problem which could be combined with another condition to get an even higher rating.
You may still file a higher-level claim and review if you've been evaluated for more than a calendar year. These involve a full review of your file and can result in the change of your effective date or a new rating that's more in line with how you truly feel.
If you believe you deserve a rating of 100 percent, or higher, consider applying for a supplemental claim. An attorney for disability can help you create a convincing argument for this type of rating, which is reserved for very serious disabilities. A mental illness, for example, may allow you to receive a 100% rating of disability because it can hinder employment or result in frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or other medical conditions.
Assistance with the Appeals Process
Contrary to what some may believe, the denial of an application for disability benefits by the VA is not the end of an individual's ability to get benefits. Former service members have a year to appeal a decision that is not favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the three pathways for appeal would be the most appropriate for his situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their prior decision was incorrect. They may also give a veteran a more formal hearing in front of an Veterans Law judge.
The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim deserves. They are also likely to have a wealth of experience in dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they understand the challenges that disabled veterans face. This creates an unique type of empathy, which can enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we can assist you. Call us now to schedule an evaluation for free.