20 Fun Facts About Veterans Disability Law
veterans disability lawyer Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal against the denial of your claim.
Choose a veteran disability lawyer who is specialized in these types of cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if you can prove that the condition you suffer from is linked to your military service. This is referred to as a connection. You can make use of various types of evidence to prove this connection. These include medical records, independent health exams (IME) or a the nexus letters from current healthcare providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed by independent experts.
It is much easier to prove the direct connection between your service and illnesses or injuries that occurred while you were in the military. If you've been injured while in the military and you now suffer from headaches and concussions it is much easier to prove a direct service connection.
However, it is more difficult to get connected if you suffer from a pre-existing medical condition that worsened while in the military. To show that your time in service aggravated or worsened a pre-existing condition, you will need to present medical evidence that is "clear and irrefutable".
Appealing a Denial
The VA will review your case after you have submitted your application and submitted medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A disability lawyer for veterans can help the claimant navigate the three options for review that include a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the tradition of the armed services when choosing the New York veterans' disability lawyer. This will make the process more enjoyable and eliminate the need for you to describe your experiences and the circumstances in layman's terms.
You'll want a firm that will work on your case through the lengthy appeals procedure. Beware of companies that will only assist you with the first stages of your claim, and then vanish.
A seasoned New York veterans' disability lawyer can assist you in all stages of the claim, including appeals. They can help you submit more medical evidence, ask for an official hearing, and also represent you at any Board meetings so that your case will be handled without prejudice. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, educational benefits, or unemployedness.
How can I get a better rating
There might come a time that your disability becomes more severe or your symptoms become more complex or broader. It makes sense in this instance to seek a higher rating. A lawyer for veterans can assist in that procedure, and help you find evidence to back your request.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you're entitled to. In the event that they fail to notice an injury you have or ignore a condition that could be linked with other disabilities in order to get a higher rating It's a good idea to have a professional look over your records to spot any mistakes.
Even when it's been over one year since the initial rating decision, you can file an additional review or claim. These involve a full review of your file. It could result in an amendment to your effective date or veterans disability lawyer an entirely new rating that's more in line with how you truly feel.
It's also advisable to file an additional claim or higher-level review if you're arguing that you're entitled to a disability grade that is 100 percent or more. A disability lawyer can help create a compelling case for this rating which is reserved for the most debilitating of disabilities. A mental health issue, for example, may allow you to receive a 100 percent disability rating because it can hinder employment or result in frequent hospitalizations that are not typically triggering this level of severity for a heart problem or any other medical condition.
Getting help with the Appeals Process
Contrary to what many believe Contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. Former military personnel have a year to appeal a decision that is not favorable.
A skilled veterans disability lawyer, had me going, can help a veteran decide which of the three current appeals routes is best for their case. They can also assist an individual vet put all the evidence required to convince a higher-level reviewer that the previous decision was incorrect. They can provide a veteran an extra formal hearing before an Veterans Law judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim needs. They are also likely to have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures from top to bottom. Some lawyers are veterans, and veterans Disability lawyer therefore know the challenges that disabled veterans disability law face. This can create a special kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to schedule an evaluation for free.
