20 Fun Facts About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From collecting medical and service proof to filing an appeal of a denied claim.

Select a veteran disability attorney who limits their practice to handling these cases and is aware of the VA's system inside and out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits if you can prove that the condition you suffer from is a result of your military service. This is referred to as a nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a nexus letter from current health care providers (especially in the cases of mental health issues). Sometimes, veterans have medically determined disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the assistance 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 simpler to establish a direct service connection when injuries or illnesses occurred while you were in the military. For instance, if were hit in the head in the course of your service and suffer from concussions and headaches, there is a direct link between those events and Veterans Disability compensation your current condition.

It is difficult to be service-connected if you had a pre-existing condition that worsened while you were in military service. In order to prove that your time in service has aggravated or worsened an existing medical condition, you must supply expert medical evidence that rises to the level of "clear and unmistakable" proof.

Appealing a Denial

The VA will review your case after you have submitted your application and submitted medical evidence. The VA typically issues an approval or denial of benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disparagement. A lawyer for veterans' disabilities can assist the applicant navigate the three possible review options that include an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience and the culture of the armed services when choosing a New York veterans' disability lawyer. This can make it simpler for you and reduce the need to explain your situations and experiences in layman's terms.

You also want a firm that will work on your case throughout the duration of the appeals process over a period of years. Be wary of companies that assist you in the first phases of your case 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 that your case is handled in a fair manner. They can also assist you to obtain benefits like monetary compensation, aid and attendance, educational benefits or unemployed benefits.

How can I get a better rating

It could happen that your disability gets worse or your symptoms are more severe. In this case it's sensible to request an increase in your rating. A lawyer for veterans disability case' disability can help with that process, and assist you in locating evidence to support your request.

It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you deserve. It's worth getting an expert to examine your records for mistakes. They may have missed an injury or missed any issue that could have been added to another condition to get an increase in rating.

Even the fact that it's been more one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This includes a review of your entire dossier, which could result in modifications to your effective date and a new rating more accurate to your personal feelings.

It's also worth pursuing an additional claim or higher-level review if you are entitled to a disability rating of 100 percent or more. A disability attorney can help you develop a convincing argument for this type of rating, which is reserved only for difficult to treat disabilities. For example, a mental health condition could qualify you for 100% disability ratings due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that do not normally trigger this type of a rating for a cardiovascular illness or other medical issues.

Need Help with the Appeals Process

Despite what some think the denial of an appeal for disability by the VA is not the end of an individual's chances to get benefits. Former service members have a year to appeal the decision if it is not favorable.

An experienced lawyer for veterans can help a veteran decide which of the three appeals routes is most suitable for their case. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can provide a veteran an opportunity to have a formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention your claim requires. They are also likely to have extensive experience dealing with VA disability claims and know the rules and procedures in and out. Additionally, some lawyers are veterans disability case themselves, which means they understand the challenges disabled veterans face. This can lead to a particular kind of empathy that can help improve the outcome of a Veterans Disability Compensation (Wiki.Unionoframblers.Com)' disability case.

Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims free of charge to determine if we can assist you. Call us today to arrange your free assessment.