14 Common Misconceptions About Veterans Disability Law

veterans disability attorneys Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claims process.

Choose a veteran disability lawyer who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if they can prove that the condition you are suffering from is connected to your military service. This is known as a nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health exams (IME), or an nexus note from current healthcare providers (especially in the case of mental health problems). Sometimes, veterans have medically determined disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present a complete claim and present evidence that is confirmed by experts who are impartial.

It is easier to establish a direct connection if injuries or illnesses were sustained while serving in the military. For instance, if you were hit in the head during your time in service and you are suffering headaches and concussions there is a clear link between the events that led to your current health condition.

However, it's harder to get connected if you suffer from a pre-existing medical condition that grew worse while in the military. To prove that your service has aggravated or worsened an existing condition it is necessary to provide expert medical evidence that is at the level of "clear and irrefutable" proof.

Appealing a Denied Application

The VA will review your case after you have submitted your application and submitted medical evidence. The VA will typically issue an opinion either approving or denial of benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disparagement. A disability lawyer for veterans can assist the applicant navigate the three decision review options -- an additional claim, a more extensive review, or a direct appeal to the Board of veterans disability settlement (conversational tone)' Appeals.

When selecting when choosing a New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experiences and the army's culture. This can make things easier for you and reduce the requirement to explain your situation and experiences in layman's terms.

You need a firm that will take on your case through the lengthy appeals process. Be wary about firms that assist you in the first stages of your claim and then vanish.

An experienced New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, request an official hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist you to get your benefits, such as monetary compensation, Veterans Disability Settlement aid and attendance, educational benefits or unemployability benefits.

How can I get a better rating

There might come a time when your disability gets worse, or your symptoms get broader or more challenging. It makes sense in this instance to seek a higher rating. A lawyer for veterans can assist in that procedure, and help you dig up evidence to back your request.

It's not common for the VA to make mistakes that lead to an lower disability rating than you're entitled to. It's a good idea to hire an expert to look over your records for errors. They may have overlooked an injury or omitted a problem which could be coupled with another disability to receive an increase in rating.

You can still file a higher-level claim and review if you've been assessed for more than a calendar year. This could include a thorough review of your entire dossier, which could result in modifications to the effective date of your claim and an updated rating that is more true to your personal feelings.

It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you're entitled to a disability rate of 100 percent or greater. A disability lawyer can help you make a convincing case for this rating, which is reserved only for the most debilitating of disabilities. A mental health condition like this one, for instance, may be a reason to get a 100 percent disability rating, as it could hinder your employment or result in frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or other medical conditions.

Assistance with the Appeals Process

Contrary to what some may believe the denial of an application for disability benefits by the VA isn't the end of a person's chances to collect benefits. In fact, a former veteran is given one year from the date the local veterans' hospital or veterans disability settlement office sends them a decision that is not favorable to file an appeal.

An experienced veteran disability attorney can assist a veteran to determine which of the three pathways for appeal is best for his particular situation. They can also assist with gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They can even provide a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have a wealth of experience dealing with VA disability claims, and they understand the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This creates a distinct type of empathy that can sometimes make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claims for no cost to determine if we are able to assist you. Call us today to set up your free evaluation.