14 Common Misconceptions About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of the denial of your claim.
Select a veteran disability attorney that is solely dealing with these cases, and who knows the VA's system from top to bottom. 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 have is related to your military service. This is referred to as linkage. You can make use of various types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or 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 help of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence backed by unbiased experts.
It is easier to prove direct service connection for illnesses or injuries that occurred while you were in the military. If you've been injured while in the military, and now suffer from headaches or concussions, it is easier to prove a direct service connection.
It is more difficult to be service-connected if there was an existing medical condition that was worsened during your military service. In order to prove that your service worsened or aggravated an existing medical condition You must present expert medical evidence that reaches the level of "clear and undeniable" evidence.
Appealing to a Denial
After filing an application and providing medical evidence The VA will examine the case. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A veterans disability lawsuit (visit the following internet page) disability attorney can help the claimant navigate through the three decision review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of veterans disability claim' Appeals.
Consider whether the lawyer understands your military experiences as well as the tradition of the armed services when selecting the New York veterans disability compensation' disability lawyer. This will make it easier for you to understand and reduce the necessity to explain your circumstances and experiences in layman's language.
You also want a firm who will continue to work on your case throughout the entire duration of your appeal. Beware of firms that assist you in the initial stages of your claim, and then go away.
An experienced New York veterans' disability attorney can help you with every stage of your 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 fairly. They can also assist you to obtain benefits like monetary compensation aid and attendance, education benefits or unemployed benefits.
Getting a Higher Rating
It is possible that your disability becomes worse or Veterans disability lawsuit your symptoms are more severe. In this case it is sensible to ask for a higher rating. A veteran disability lawyer can assist you with this process and help you collect evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. In the event that they fail to notice an injury you have or miss a condition that could be a combination of other disabilities to earn an improved rating, it's worth having a professional look over your records to find any mistakes.
You can still file a higher-level claim or review if you have been rated for more than a calendar year. These require a complete review of your dossier and may result in an amendment to your effective date or a new rating that's more accurate to how you really feel.
It's also worth pursuing a supplemental claim or higher-level review if you're entitled to a disability rate of 100 percent or higher. A disability lawyer can help make a convincing case for this rating, which is reserved only for the most debilitating disabilities. For instance mental health issues could be a reason to get a 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization that don't typically trigger this kind of rating for cardiovascular disease or other medical issue.
Need Help with the Appeals Process
Contrary to what many people believe that denial of a disability claim by the VA isn't the end of an individual's chances to recover benefits. In fact, a former soldier can wait one year from date that the local veteran's hospital or office mails them a denial to file an appeal.
An experienced lawyer for veterans disability lawyer can assist a veteran in determining which of the three current ways to appeal is the best option for their situation. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer that the previous decision was not right. They may even be able to provide veterans with a more formal hearing before an Veterans Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim deserves. They will also have extensive experience dealing with VA disability claims, and they understand the rules and procedure in detail. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy, which can improve the outcomes of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Contact us today for an appointment for a free evaluation.
