14 Common Misconceptions About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claim process.
Choose a veteran disability attorney who is specialized in these cases and Veterans disability lawyers is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits only if you prove that the condition is related to your military service. This is known as a "nexus. There are different types of evidence that you can prove the connection, including medical records or independent medical exams (IME), and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but cannot be considered service connected due to missing or incomplete documents. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence that is backed by independent experts.
It is much easier to establish a direct connection if injuries or illnesses occurred while you were in the military. If you have been injured during your military service and now suffer from headaches and concussions, it's much easier to prove a direct service connection.
However, it's more difficult to get connected if you have a pre-existing medical condition that became worse during your time in the military. To prove that your service time caused or aggravated a pre-existing condition, you will need to provide expert medical evidence that is "clear and irrefutable".
Appealing an Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A veterans disability lawyer can assist the claimant through the three review options that include an additional claim, a more extensive review, or direct appeal to the Board of veterans disability attorneys' Appeals.
Consider whether the lawyer understands your military experience and the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can make the process more relaxed and less requiring you to talk about your experiences and situations in layman's terms.
You want a company that will work on your case throughout the lengthy appeals procedure. Beware of firms that assist you in the initial phases of your claim and then disappear.
An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you in any Board meetings so that your case will be dealt with in a fair manner. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.
How to get a higher rating
It could be that your disability gets worse or your symptoms become more severe. In that situation it is sensible to request a higher rating. A lawyer for veterans' disability can assist you in this process, and help you dig up evidence to prove your claim.
It's not unusual for the VA make mistakes, which can result in receiving a lower score than you deserve. It's recommended to consult an expert to look over your records for any errors. They might have missed an injury or left out a problem which could be combined with another disability to earn a higher rating.
Even the fact that it's been more one year since your initial rating decision, you still can file an additional review or claim. These require a complete review of your dossier and may result in an amendment to your effective date or a new rating that's more accurate to what you really feel.
If you believe you deserve a rating of 100 percent or more, it's worth seeking a supplemental claim. A disability lawyer can help make a convincing case for this rating which is only available for the most debilitating of disabilities. A mental health condition, for example, may make you eligible for a 100 percent disability rating because it can hinder employment or cause frequent hospitalizations which do not normally trigger this level for a cardiovascular problem or any other medical condition.
Help with the Appeals Process
Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that an individual has no chance of recovering benefits. In fact, a former military member can wait one year from date their local veterans hospital or office sends them a denial to file an appeal.
An experienced veterans disability litigation disability lawyer can help a veteran decide which of the three current pathways for appealing would be best for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim requires. They also have extensive experience handling VA disability claims, and they know the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique kind of empathy that can help improve the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Call us today to arrange an evaluation for free.
