Five Things Everyone Makes Up Regarding Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of an appeal denied.

Choose a lawyer for veterans disability lawsuit who limits their practice to dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition is related to your military service. This is referred to as nexus. You can use a variety of evidence to prove this connection. This includes medical records, independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the case of mental health problems). There are occasions where veterans are diagnosed with medical disabilities, but cannot be considered to be service-connected due missing or incomplete records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and present evidence that is backed up by independent experts.

It is simpler to prove that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. If you suffered injuries in the military, veterans disability lawyer and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

It is more difficult to be connected to a service if you have an existing medical condition that was worsened while you were in military service. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".

Appealing a Denied Application

After submitting an application and submitting medical evidence after which the VA will review the application. The VA usually issues a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to submit a Notice of Disagreement. A veteran's disability attorney can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences and the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make the process more comfortable and less requiring you to explain your experiences and situations in layman's terms.

You'll want a firm that will take on your case through the lengthy appeals process. Be wary of firms that assist you in the initial stages of your claim, and then vanish.

A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you at any Board meetings so that your case will be dealt with in a fair and fair manner. They can also help you win your benefits, like monetary compensation aid and attendance, education benefits or unemployment benefits.

Getting a Higher Rating

It could happen that your disability becomes worse or your symptoms are more severe. In that situation it's logical to ask for an increase in your rating. A veteran disability lawyer can help you with this process and help gather evidence to prove your claim.

It's not unusual for the VA to make errors, which could result in a lower rating than you deserve. If they overlook an injury that you suffer from or overlook a problem which could be linked to other disabilities to receive an increase in rating it's important to have a professional look over your records to find any errors.

You can still make a higher-level claim, or review if you've been rated for more than a calendar year. This could include a thorough review of your entire dossier, which may result in changes to your effective date as well as a new rating more accurate to your personal feelings.

It's also worth seeking a supplemental claim or higher-level review if you're arguing that you're entitled to a disability grade that is 100 percent or more. An attorney for disability can assist you in putting together a convincing argument for this kind of rating, which is reserved for very debilitating disabilities. A mental health condition like this one, for instance, may be a reason to get a 100 percent disability rating, as it can hinder employment or cause frequent hospitalizations that do not normally trigger this level for a heart problem or other medical issues.

Helping with the Appeals Process

Contrary what some believe, a VA denial of disability benefits does not mean that an individual is in no position to claim benefits. Former service members have a year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can assist a veteran in determining which of the three appeals options is most appropriate for their particular situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that the previous decision was not right. They can provide a veteran an opportunity to have a formal hearing before a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a vast experience dealing with VA disability claims and understand the rules and procedures inside and out. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans disability litigation face. This can create a distinct kind of empathy that can improve the outcome of an issue involving veterans disability law' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Contact us today for your free assessment.