15 Reasons To Not Ignore Veterans Disability Law
veterans disability law Firms Disability Lawyers
A veteran disability lawyer can help you throughout the claims process. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the entire claims process.
Select a veteran disability attorney that is experienced in these cases and is well-versed 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 you suffer from is linked to your military service. This is referred to as a relationship. You can use different types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or an nexus note from current health care providers (especially in the case of mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by impartial experts.
It is simpler to prove a direct connection if injuries or illnesses were sustained while serving in the military. For instance, if suffered head injuries in the course of your service and suffer headaches and concussions, there is a strong connection between the two events and the current condition you are suffering from.
However, it's more difficult to get service connected if you have an existing medical condition that worsened while in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and undisputed".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical evidence. The VA typically issues an opinion either approving or denial of benefits. If the decision is not favorable the veteran has one year to make a notice of disagreement. A veterans disability attorney 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' Appeals.
When deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military experience and traditions of the armed forces. This will make it easier for you to understand and reduce the need to explain your situations and experiences in a layman's way.
You need a firm that will handle your case through the lengthy appeals process. Beware of firms that help you with the initial stages of your claim and then go away.
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 or request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.
How can you get a better rating
There may be a point when your disability gets worse, or your symptoms get more complex or broader. In that situation it's sensible to ask for an increase in your rating. A lawyer for veterans can assist in that process, and assist you in locating evidence to support your request.
It's not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. It's worth contacting an expert to look over your records for any errors. They could have missed an injury or missed any issue that could have been added to another disability to earn an improved rating.
Even if it's been more than one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file. It could result in changes to your effective date or an entirely new rating that's more in line with how you really feel.
It's also worth pursuing an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate of 100 percent or higher. A disability attorney can assist you in putting together an argument that supports this kind of rating, which is reserved for extremely serious disabilities. For example, a mental health condition could be a reason to get an absolute disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization, which don't usually trigger this level of an assessment for a cardiovascular disease or other medical issue.
Need Help with the Appeals Process
Contrary to what many believe the fact that the fact that a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. Former veterans have one year to appeal a decision that is not favorable.
A skilled veteran disability lawyer can assist a veteran in determining which of the three current appeals options is most appropriate for their particular situation. They can also help veterans gather the evidence they need to convince a higher-level reviewer that their previous decision was not correct. They can give a veteran a more formal hearing in front of a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They are also likely to have extensive experience handling VA disability claims and know the rules and procedures from top to bottom. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This can lead to a particular kind of empathy that can sometimes improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Contact us today to set up your free assessment.