10 Misconceptions That Your Boss May Have About Veterans Disability Law
veterans disability law Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to submitting an appeal of a denied claim.
Choose a veterans disability attorney who focuses their practice on handling these cases and is aware of the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits when it can be established that your condition is related to your military service. This is known as a nexus. There are many types of evidence that you could use to show this connection, including medical records and independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). Sometimes, veterans disability legal (you can try this out) suffer from medically-determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and present evidence that is backed up by unbiased experts.
It is much easier to establish direct service connection for illnesses or injuries that occurred while you were in the military. If you have been injured in the military and now suffer from headaches and 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 grew worse when you were in the military. In order to prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that rises to the level of "clear and undeniable" proof.
Appealing a Denial
After filing an application and submitting medical evidence The VA will examine the case. The VA usually issues the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given a year to submit a notice of disagreement. A veteran's disability attorney can help the claimant navigate through the three decision review options - a supplemental claim or higher-level review, or a direct appeal to the Board of veterans disability lawsuit' Appeals.
When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experience and traditions of the armed forces. This can make it easier for you and reduce the requirement to explain your situation and experiences in a layman's way.
You need a firm that will be working on your case throughout the multi-year appeals procedure. Beware of firms that help you with the initial stages of your claim, and then vanish.
An experienced New York veterans' disability attorney can help you with every stage of your claim including appeals. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you win your benefits, like monetary compensation, aid and attendance, education benefits or unemployability benefits.
Receiving a Better Rating
There may come a time when your disability becomes more serious, or your symptoms get more difficult or wider. In that situation it's logical to seek an increase in your rating. A veteran disability lawyer can assist you with this process and help you collect evidence to prove your claim.
It's not unusual for the VA make mistakes, resulting in receiving a lower score than you deserve. If they overlook an injury or overlook a problem that could be combined with other disabilities in order to get a higher rating it's important to have an expert review your records to spot any errors.
Even if it's been more than one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These can include a review of your entire record, which can result in modifications to your effective date, as well as an updated rating that is more true to what you feel.
It's also worth seeking an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate of 100 percent or more. An attorney for disability can help you create an argument that is convincing for this type of rating, which is reserved only for debilitating disabilities. A mental illness for instance, might make you eligible for a 100% rating of disability because it can hinder employment or result in frequent hospitalizations that don't normally trigger this level of severity for a heart issue or other medical condition.
Need help with the Appeals Process
Contrary to what many people think that denial of claims for disability by the VA is not the end of a person's chances to get benefits. In fact, a former soldier has a year from the date their local veterans hospital or office mails them an unfavorable determination to appeal.
An experienced veterans disability attorney can assist a veteran in determining which of the three appeals options would be the most appropriate for his case. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was not correct. They can give a veteran an extra formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have extensive experience in dealing with VA disability claims, and they are aware of the rules and procedures inside out. Additionally, some attorneys are veterans themselves, which means they understand veterans disability legal the issues disabled veterans have to face. This creates an unique type of empathy, which can improve the outcomes of a disability claim for veterans.
Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claims for free to determine if we can help you. Call us today to arrange your complimentary evaluation.
