10 Misconceptions Your Boss Has About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you through the entire claims process.

Choose a veterans disability attorney who focuses their practice on handling these cases and knows the VA's system inside and out. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition you have is connected 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 an nexus note from current health care providers (especially in the cases of mental health issues). There are times when veterans have medically determinable disabilities, but are unable to be considered to be service-connected due missing or incomplete records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence that is backed up by independent experts.

It is much easier to establish an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you have been injured in the military and you now suffer from headaches and concussions, it's easier to prove a direct service connection.

It is difficult to be connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undisputed".

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical proof. It typically issues a decision which either approves or denies benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can help the claimant navigate the three possible review options which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Make sure you consider whether they understand your military experience and the army's culture. This will make the process more comfortable and reduce the need for you to explain your experiences and situations in layman's terms.

You'll want a firm that will work on your case throughout the lengthy appeals procedure. Be wary of firms that only help you with the initial phases of your claim and then disappear.

A seasoned New York veterans' disability attorney can help you with all stages of the claim and appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you win you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or even unemployment.

Getting a Higher Rating

There may be a point where your disability gets more severe, or your symptoms get more complex or broader. It is logical in this situation to ask for an increase in your rating. A veterans disability lawyer can assist with this process, and can assist you in finding evidence to support your request.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled. If they miss an injury or overlook a problem that could be a combination of other disabilities to receive an increase in rating it's important to have an expert look over your records to find any mistakes.

You are still able to make a higher-level claim, or review if you've been rated for more than a calendar year. This includes a review of your entire record, that could lead to modifications to your effective date, as well as a new rating more accurate to the feelings you have.

If you believe you're entitled to an assessment of 100 percent or higher, consider applying for a supplemental claim. A disability lawyer can help you create a compelling case for this rating that is reserved for the most debilitating of disabilities. For instance, a mental health condition might qualify you for an 100% disability rating because it can cause a significant interruption to work or periods of hospitalization. These don't normally trigger this type of an assessment for a cardiovascular illness or other medical issues.

Need help with the Appeals Process

Contrary what some believe the fact that contrary to what some may believe, a VA denial of disability benefits doesn't mean that a person is not eligible for benefits. In fact, a former soldier has a year from the date the local veterans' hospital or office sends them a denial to appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three ways to appeal is most appropriate for their particular situation. 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 formal hearing before a veterans disability law firms Law Judge.

A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have years of experience handling VA disability claims, and they know the rules and procedures both inside and outside. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This can create a distinct type of empathy which can help improve the outcome of a veterans' disability case.

Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claim for free to determine if we are able to assist you. Contact us today for an appointment for a free evaluation.