20 Fun Facts About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against the denial of your claim.
Choose a veteran disability attorney who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits if you can prove that the condition you suffer from is a result of your military service. This is called a nexus. There are different types of evidence you could prove this connection, including medical records or independent medical exams (IME) and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are times when veterans disability lawsuit suffer from medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by unbiased experts.
It is simpler to prove a direct service connection if injuries or illnesses were sustained while serving in the military. For instance, if you were struck in the head during service and now suffer from concussions and headaches, there is a strong connection between the two events and your current condition.
However, it's more difficult to get connected if you suffer from a pre-existing medical condition that became worse during your time in the military. To prove that your service caused or aggravated a pre-existing health condition, you'll have to present medical evidence that is "clear and undeniable".
Appealing a Denial
After submitting an application and providing medical evidence after which the VA will examine the case. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disparagement. A veterans disability lawyer (More suggestions) can assist the applicant navigate the three decision review options -- a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences and the military's culture when selecting the New York veterans disability compensation' disability lawyer. This will make it easier for you to understand and reduce the need to explain your situations and experiences in layman's language.
You want a firm who will take on your case through the lengthy appeals procedure. Beware of companies that will only help you with the initial stages of your case, and then go away.
An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit additional medical evidence, request an official hearing and represent you in any Board meetings so that your case will be dealt with in a fair manner. They can also help you obtain benefits like monetary compensation, aid and attendance, educational benefits or unemployed benefits.
Getting a Higher Rating
It could be that your disability becomes worse or your symptoms become more severe. In this case it's sensible to request an increase in your rating. A lawyer for veterans can help with that procedure, and assist you in finding evidence to support your request.
It's not unusual for the VA to make mistakes that result in a lower rating than you deserve. It's a good idea to hire an expert to review your records for any errors. They may have overlooked an injury or neglected to mention the issue that could be in conjunction with another disability to receive an increase in rating.
Even the fact that it's been more one year since the initial rating decision, you have the option of filing an additional review or claim. These can include a review of your entire file, that could lead to changes to your effective date as well as a new rating that is more corresponding to your feelings.
It's also advisable to file an additional claim or a more thorough review if you are entitled to a disability rating that is 100 percent or more. A disability attorney can assist you in putting together an argument that is convincing for this type of rating that is reserved for those with debilitating disabilities. For instance an illness that is mental might qualify you for 100% disability ratings due to the fact that it causes significant interruption to work or periods of hospitalization, which don't normally trigger such a rating for veterans disability lawyer a cardiovascular illness or other medical issues.
Need help with the Appeals Process
Despite what some believe that denial of an application for disability benefits by the VA isn't the end of an individual's chances to receive benefits. In fact, a former military member is given one year from the date their local veterans hospital or office mails them a denial to file an appeal.
An experienced lawyer for veterans disability claim can help a veteran determine which of the three ways to appeal is most suitable for their case. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even provide a veteran with a more formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim demands. They are also likely to have a vast experience handling VA disability claims, and they know the rules and procedures both inside and outside. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates a unique type of empathy, which can help improve the outcome of a case involving a disabled veteran.
The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claim for free to determine if we can help you. Contact us today for your complimentary evaluation.
