What s Holding Back This Veterans Disability Law Industry
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal of a claim that has been denied.
Select a veteran disability lawyer who specializes in these cases and is well-versed with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it's proven that your condition is linked to your military experience. This is called a nexus. There are many types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or nexus letter from current healthcare providers (especially in the cases of mental health issues). There are instances when veterans have medically determined disabilities, but they are not able to be considered to be service-connected due incomplete or omitted records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by impartial experts.
It is easier to prove direct service connection for illnesses or injuries that occurred while in the military. If you were injured in the military and you now suffer from headaches and concussions it is much easier to prove a direct service connection.
It is difficult to be service-connected if there was a pre-existing condition that worsened during your military service. To prove that your military service worsened or aggravated a pre-existing illness, you must supply expert medical evidence that rises to the level of "clear and irrefutable" evidence.
Appealing an Denial
After submitting an application and providing medical evidence The VA will review the application. The VA will typically issue a decision approving or denying benefits. If the decision isn't favorable, the veteran has one year to submit a notice of disagreement. A veteran's disability attorney can guide the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal before the Board of veterans disability lawsuit' Appeals.
Make sure the lawyer is knowledgeable of your military experience and the military's culture when selecting a New York veterans disability attorneys' disability lawyer. This can make it easier for you and reduce the need to explain your situations and experiences in layman's terms.
You also want a firm who will remain on your case throughout the entire multi-year appeals process. Beware of firms that only assist you in the initial stages of your claim, and then vanish.
An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit 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 assist you to claim benefits like monetary compensation, aid and attendance, educational benefits or unemployment benefits.
Receiving a Better Rating
It may happen that your disability becomes more severe or your symptoms become more severe. It makes sense in this instance to seek an increase in your rating. A lawyer for veterans can assist in that process, and can assist you in finding evidence to justify your request.
It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you deserve. If they miss an injury you've suffered or overlook a problem that could be linked with other disabilities to get an improved rating, it's worth having an expert look over your records to look for mistakes.
You can still submit a higher-level claim or review if you've been rated for more than a calendar year. These are a thorough examination of your dossier and may result in changes to your effective date or Veterans Disability Case an entirely new rating that's more accurate to what you really feel.
It's also worth seeking an additional claim or higher-level review if you're entitled to a disability grade of 100 percent or more. A disability lawyer can help build a strong case for this rating, which is reserved only for the most serious disabilities. For instance, a mental health condition could be a reason to get 100% disability ratings due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that don't typically trigger this kind of the rating for a heart disease or other medical problems.
Need help with the Appeals Process
Contrary to what some may think that denial of a disability claim by the VA is not the end of an individual's chances to receive benefits. Former veterans have one year to appeal an outcome that is not favorable.
An experienced veterans disability legal disability lawyer can assist a veteran to determine which of the three appeals routes is most suitable for their case. They can also assist an individual vet put the evidence together needed to convince a higher level reviewer that the previous decision was incorrect. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They will also have extensive experience in dealing with VA disability claims, and they know the rules and procedure in detail. Additionally, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans face. This creates an unique type of empathy that may improve the outcomes of a veterans disability case.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for no cost to determine if we can assist you. Contact us today for an appointment for a free evaluation.
