14 Common Misconceptions About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claim process.
Choose a lawyer for veterans disability law who limits their practice to handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if they can prove that the condition is related to your military service. This is known as a nexus. There are various types of evidence that you could prove this connection, such as medical records or independent medical exams (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and provide evidence that is backed by independent experts.
It is much easier to establish a direct service connection if injuries or illnesses occurred while you were in the military. For instance, if were hit in the head during service and now suffer headaches and concussions, there is a strong connection between these events and the current condition you are suffering from.
It is a lot more difficult to become service-connected if there was an existing condition that got worse during your military service. In order to prove that your service worsened or aggravated an existing condition, you must supply expert medical evidence that rises to the level of "clear and unmistakable" evidence.
Appealing to a Denial
After filing an application and providing medical evidence The VA will examine the case. It usually issues a ruling that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability attorney can guide the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal to the Board of Veterans disability claim - incardio.Cuas.at,' Appeals.
Make sure the lawyer is knowledgeable of your military experiences as well as the military's culture when selecting a New York veterans disability case' disability lawyer. This can make the process more relaxed and less requiring you to explain your experience and situations in plain language.
You also want a firm that will continue to work on your case for the entire multi-year appeals process. Beware of firms that only assist you with the initial stages of your case, only to then vanish.
A seasoned New York veterans' disability lawyer can assist you in all stages of the claim, including appeals. They can assist you in submitting more medical evidence, file an official hearing, and represent you at any Board meetings to ensure that your case will be dealt with fairly. They can also assist you in obtaining you benefits such as assistance, monetary compensations and education benefits, attendance benefits, or unemployment.
How can I get a better rating
There could be a point when your disability becomes more serious, or your symptoms get more difficult or wider. It makes sense in this scenario to ask for an increase in rating. A veteran disability lawyer can assist you with this process and help collect evidence to prove your claim.
It's not unusual for the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth contacting a professional to check your records for any errors. They may have missed an injury or missed any issue that could have been added to another disability to receive an improved rating.
You may still submit a higher-level claim or review if you have been given a rating for more than one calendar year. This includes a review of your entire dossier, which may result in changes to your effective date, as well as a new rating more accurate to what you feel.
If you believe you deserve a rating of 100 percent or higher, it's worth requesting a supplemental claim. A disability lawyer can help you put together an argument that supports this type of rating, that is reserved for those with debilitating disabilities. For instance mental health issues could qualify you for an absolute disability rating because it could cause significant interference with employment or frequent periods of hospitalization that do not typically trigger this kind of rating for cardiovascular condition or other medical problem.
Assistance with the Appeals Process
Contrary to what many people believe the denial of an application for disability benefits by the VA isn't the end of an individual's chance to recover benefits. In fact, a former veteran can wait one year from date that the local veteran's hospital or office mails them a denial to appeal.
A skilled veteran disability lawyer can help a veteran determine which of the three ways to appeal is most appropriate for their particular situation. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have extensive experience handling VA disability claims, veterans disability claim and they understand the rules and procedure in detail. Additionally, some lawyers are veterans themselves, which means that they understand the challenges disabled veterans have to face. This can create a distinct kind of empathy that can improve the outcome of an appeal for veterans' disability.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we are able to help you. Contact us today to arrange your free evaluation.
