10 Misconceptions That Your Boss May Have Regarding Veterans Disability Law

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A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Select a veteran disability attorney who is specialized in these cases and 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 when it can be proven that your condition is related to your military service. This is called a linkage. There are different types of evidence that you can use to show this connection, including medical records or independent medical exams (IME) and letters from current health professionals or therapists (especially for mental health conditions). There are times that veterans suffer from medically-determined disabilities, but they are not able to be considered to be service-connected due insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire case and submit evidence that is backed by independent experts.

It is easier to establish a direct connection if injuries or illnesses occurred while you served in the military. For example, if you suffered head injuries during your time in service and you are suffering headaches and concussions there is a clear link between the two events and your current condition.

It is harder to get connected to a service if you have an existing condition that got worse while you were in military service. In order to prove that your service aggravated or made worse an existing illness you must provide a doctor's medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a denied application

The VA will review your case after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to submit a notice of disagreement. A disability attorney for veterans can help the claimant navigate through the three review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Take into consideration whether they can understand your military experience and the culture of the armed forces. This can make it simpler for you and reduce the requirement to explain your situation and experiences in layman's language.

You'll want a firm that will take on your case throughout the multi-year appeals procedure. Beware of firms who only assist you with the first phases of your claim and then vanish.

A seasoned New York veterans disability attorneys disability attorney can assist you in all stages of your claim, including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also assist you to claim benefits such as monetary compensation, aid and attendance, educational benefits or unemployed benefits.

Getting a Higher Rating

It may happen that your disability gets worse or your symptoms get more severe. In that situation it is sensible to request an increase in your rating. A veterans disability lawyer can help with that process, and help you dig up evidence to justify your request.

It's not common for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. It's recommended to consult a professional to check your records for any errors. They might have missed an injury or neglected to mention an issue that could be coupled with another condition to get an increase in rating.

You may still submit a higher-level claim or review if you've been rated for more than a calendar year. These include a review of your entire file, that could lead to changes to the effective date of your claim and a new rating that is more corresponding to what you feel.

If you think you're worthy of a rating of 100 percent or higher, it's worth requesting a supplemental claim. A disability lawyer can assist you to make a convincing case for this rating, which is reserved only for the most severe of disabilities. For instance, a mental health condition could be a reason to get a 100% disability rating because it could cause significant interruption to work or periods of hospitalization. These don't usually trigger this level of the rating for a heart disease or other medical issue.

Helping with the Appeals Process

Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that an individual is not eligible for benefits. In fact, a former soldier can wait one year from date that their local veterans hospital or office mails them an unfavorable determination to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current ways to appeal is most suitable for their case. They can also assist an individual in assembling 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 a Veterans Law Judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim deserves. They also have extensive experience in managing VA disability claims, and are familiar with the rules and procedure completely. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates an unique type of empathy, which can help improve the outcome of a disability claim for veterans disability law firms.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Call us today to set up an appointment for a free evaluation.