What You Should Be Focusing On Improving Veterans Disability Law

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

Choose a veterans disability law 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 care it deserves.

Proving Service Connection

The VA will only grant disability benefits if it can be proved that your condition is directly related to your military service. This is referred to as nexus. There are a variety of evidence you can prove this connection, including medical records or independent medical exams (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable 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 lawyers who know how to present an entire claim and provide evidence that is confirmed by independent experts.

It is simpler to prove direct service connection for injuries or illnesses that you sustained while in the military. For example, if you were hit in the head in the course of your service and suffer headaches and concussions there is a direct link between these events and the current condition you are suffering from.

It is a lot more difficult to become service-connected if you had a pre-existing condition that worsened during your military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide medical evidence from a professional that is "clear and undisputed".

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical proof. The VA usually issues an approval or denial of benefits. If the decision is not in favor the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three decision review options -- an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This will make the process more relaxed and eliminate the need for you to describe your experiences and situations in layman's terms.

You should also choose a firm that will work on your case for the entire appeals process of several years. Beware of companies that will only assist you with the initial phases of your claim and then go away.

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 additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is treated fairly. They can also help you win you benefits, such as assistance, monetary compensations and attendance benefits, education benefits, or unemployment.

Earning a higher rating

There could be a point when your disability becomes more serious, or your symptoms get more complicated or broad. In that situation it's sensible to seek a higher rating. A veteran disability lawyer can help you in this process and help you gather evidence to back your claim.

It's not uncommon for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. In the event that they fail to notice an injury that you suffer from or ignore a condition which could be linked to other disabilities in order to get an improved rating it's important to have a professional look over your records to identify any mistakes.

You can still file a higher-level claim and review if you have been rated for more than a calendar year. These include a review of your entire dossier, veterans disability lawyers which may result in modifications to the effective date of your claim and a new rating more accurate to your feelings.

It's also worth pursuing an additional claim or a higher-level review if you're arguing that you deserve a disability rating of 100 percent or greater. A disability attorney can help you put together a convincing argument for this kind of rating, that is reserved for those with debilitating disabilities. For example mental health issues might qualify you for an absolute disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that do not normally trigger such rating for cardiovascular disease or other medical issue.

Getting help with the Appeals Process

Contrary to what many people believe that denying an application for disability benefits by the VA isn't the end of an individual's ability to recover benefits. Former military personnel have a year to appeal an outcome that is not favorable.

An experienced attorney for veterans can help a vet determine which of the current three appeal options would be best for his particular situation. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer that the previous decision was not right. They can provide a veteran a more formal hearing in before an Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They will also have extensive experience in handling VA disability claims, and they are aware of the rules and procedure in detail. Additionally, some lawyers are veterans disability lawyer themselves, which means they understand the challenges that disabled veterans have to face. This creates a unique kind of empathy that may improve the outcomes of a disability claim for veterans disability lawsuit.

Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims for free to determine whether we can assist you. Contact us now to schedule your free assessment.