Why We Why We Veterans Disability Law And You Should Too
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claim process.
Select a veteran disability attorney who is specialized in handling these cases and knows the VA's system from top to bottom. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if you prove that the condition you have is a result of your military service. This is referred to as relationship. There are different types of evidence that you can demonstrate this connection, including medical records and independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by unbiased experts.
It is much easier to establish direct service connection for firms injuries or illnesses which occurred while in the military. If you've been injured while in the military and you now suffer from headaches and concussions it is 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 while you were in military service. To prove that your time in service has aggravated or worsened an existing illness it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a denied application
After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. The VA typically issues an opinion either approving or denial of benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disparagement. A lawyer for veterans' disabilities can help the claimant navigate the three review options that include a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experience and the army's culture. This can make things easier for you and lessen the necessity to explain your circumstances and experiences in layman's terms.
You'll want a firm that will handle your case through the lengthy appeals process. Beware of firms that only assist you in the initial stages of your claim, and then disappear.
An experienced New York veterans' disability attorney can assist you at every stage of your claim and appeals. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help win you benefits like cash compensations, aid or education benefits, attendance benefits, or unemployment.
Getting a Higher Rating
It may happen that your disability becomes worse or your symptoms are more severe. In such a case it's sensible to request an increase in your rating. A veterans disability lawyer can help with that process, and assist you in locating evidence to support your request.
It's not unusual for the VA to make mistakes that result in receiving a lower score than you deserve. It's worth contacting an expert to review your records for mistakes. They may have overlooked an injury or neglected to mention an issue that could be coupled with another disability to earn an even higher rating.
Even 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 are a thorough examination of your file. It could result in a change to your effective date or an updated rating that is more in line with how you really feel.
If you believe you deserve a rating of 100 percent or higher, consider making a claim for supplemental benefits. An attorney for disability can help you develop an argument that is convincing for this type of rating, which is reserved for very debilitating disabilities. A mental illness like this one, for instance, may allow you to receive a 100 percent disability rating because it could affect your job or cause frequent hospitalizations that don't normally trigger this level for a cardiovascular issue or other medical condition.
Assistance with the Appeals Process
Contrary to what some believe the fact that an VA denial of disability benefits doesn't mean that a person is not eligible for benefits. Former veterans have one year to appeal any decision that isn't favorable.
An experienced lawyer for veterans disability lawsuits can help a veteran determine which of the three pathways for appealing would be the best option for their situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that the previous decision was not right. They may also give a veteran an additional formal hearing front of an Veterans Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim needs. They also have a lot of experience in dealing with VA disability claims, and they know the rules and procedure completely. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This can lead to a particular kind of empathy that can sometimes improve the outcome of a veterans' disability case.
The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claims for free to determine whether we can help you. Call us today to schedule your free evaluation.