Five Things Everybody Gets Wrong Regarding Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From gathering evidence of medical and other service to filing an appeal against the denial of your claim.
Select a veteran disability attorney who is specialized in handling these cases and is aware of the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be confirmed that your illness is linked to your military experience. This is called a nexus. There are many types of evidence that you can demonstrate this connection, including medical records and independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are times that veterans suffer from medically-determined disabilities, but they cannot be service connected because of missing or incomplete records. These cases require the help of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is confirmed by unbiased experts.
It is simpler to prove a direct service connection when injuries or illnesses occurred during your time in the military. If you were injured in the military and you now suffer from headaches or concussions, it's easier to prove a direct service connection.
However, it is harder to get connected if you have an existing medical condition that grew worse when you were in the military. To prove that your service time aggravated or worsened a pre-existing condition, you will need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denial
After filing an application and submitting medical evidence The VA will examine the case. The VA will usually issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran has a year to make a formal complaint. A disability attorney for veterans can help the claimant navigate through the three review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of veterans disability compensation' Appeals.
When selecting the right New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and traditions of the armed forces. This will help you feel more comfortable and less requiring you to describe your experiences and the circumstances in layman's terms.
You need a firm that will be working on your case through the lengthy appeals process. Beware of firms who only assist you in the initial phases of your claim and then go away.
A seasoned New York veterans disability law (go to this web-site)' disability lawyer can assist you in all phases of the claim including appeals. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you in any Board meetings to ensure your case will be dealt with in a fair manner. They can also help win you benefits, such as assistance, monetary compensations and attendance benefits, education benefits, or unemployability.
How do I obtain a higher rating
There could be a point when your disability gets worse, or your symptoms get more complicated or broad. In such a case it's sensible to request a higher rating. A veteran disability lawyer can assist you with this process and assist you to gather evidence to prove your claim.
It's not unusual 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 you've suffered or overlook a problem which could be linked to other disabilities to receive an increase in rating It's a good idea to have an expert review your records to look for mistakes.
Even even if it's been more than one year since your initial rating decision, you can file a higher-level review or supplemental claim. These require a complete review of your file, and could result in the change of your effective date or an updated rating that is more in line with how you really feel.
It's also advisable to file a supplemental claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or more. A disability lawyer can help you develop an argument that is convincing for this kind of rating, which is reserved only for difficult to treat disabilities. For instance, a mental health condition could qualify you for 100% disability ratings because it could cause significant disturbance to your job or frequent periods of hospitalization that do not typically trigger this kind of rating for Veterans Disability Law cardiovascular illness or other medical issues.
Need Help with the Appeals Process
Contrary to what many people think that denying claims for disability by the VA isn't the end of a person's chances to recover benefits. Former veterans have one year to appeal any decision that isn't favorable.
An experienced veterans disability legal disability attorney can help a vet determine which of the three options for veterans Disability law appeal would be the most appropriate for his case. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer that the previous decision was not right. They can give a veteran an extra formal hearing before an veterans disability claim Law judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They also have a lot of experience handling VA disability claims, and they know the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This can result in a unique type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today for an appointment for a free evaluation.
