History Of Veterans Disability Law: The History Of Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal of a denied claim.
Choose a veteran disability lawyer that is experienced in these cases and is well-versed with the VA system. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition you suffer from is related to your military service. This is referred to as a nexus. There are many types of evidence you can use to show this connection, such as medical records or independent medical exams (IME), and the nexus letters of current health professionals or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and provide evidence that is backed by independent experts.
It is much easier to prove that there is a direct connection to your service for illnesses or injuries that occurred while in the military. If you were injured during your military service and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
However, it is harder to get connected if you suffer from an existing medical condition that worsened while in the military. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing an Denial
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA will usually issue a decision approving or denying benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three options for review -- a supplemental claim, higher-level review or a direct appeal to the Board of veterans disability lawsuit' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the culture of the armed services when choosing the New York veterans disability litigation' disability lawyer. This can make it easier for you and lessen the necessity to explain your circumstances and experiences in layman's language.
You need a firm that will work on your case throughout the multi-year appeals procedure. Beware of firms who only help you with the initial stages of your claim, and then go away.
An experienced New York veterans' disability lawyer can assist you in all stages of the claim, including appeals. They can help you submit additional medical evidence, 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, such as financial compensations, aid and attendance benefits, education benefits, or unemployedness.
How can I get a better rating
There might come a time that your disability becomes more severe or your symptoms become more complex or broader. It makes sense in this situation to ask for an increase in your rating. A veterans disability lawyer can assist with this process, and Veterans Disability Lawyer can assist you in finding evidence to support your request.
It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled. Whether they accidentally miss an injury you have or ignore a condition that could be a combination of other disabilities in order to get higher ratings It's worthwhile to have a professional look over your records to find any mistakes.
Even the fact that it's been more one year since the initial rating decision, you have the option of filing a higher-level review or supplemental claim. These require a complete review of your dossier and may result in a change to your effective date or an updated rating that is more accurate to how you feel.
It's also advisable to file a supplemental claim or higher-level review if you believe you deserve a disability rating of 100 percent or higher. An attorney for disability can assist you in putting together a compelling argument for this type of rating which is reserved only for serious disabilities. A mental health issue for instance, might be a reason to get a 100% rating of disability because it can hinder employment or cause frequent hospitalizations which do not normally trigger this level of a cardiovascular issue or other medical condition.
Need Help with the Appeals Process
Contrary to what many believe Contrary to what some may believe, the fact that a VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. In fact, a former military member has a year from the date the local veterans' hospital or office sends them a denial to file an appeal.
An experienced veteran disability attorney can assist a veteran to determine which of the three appeals options would be best for his situation. They can also help an individual vet put the evidence they need to convince a higher-level reviewer that their previous decision was not correct. They can also provide a veteran with a more formal hearing in front of an Veterans Law judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim deserves. They are also likely to have a vast experience handling VA disability claims and know the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans disability law face. This creates a unique type of empathy that may make a difference in the outcome of a case involving a disabled veteran.
The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Call us today to set up an appointment for a free evaluation.
