5 Killer Quora Answers On Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.
Choose a veterans disability attorney that is solely dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it can be confirmed that your illness is related to your military service. This is referred to as a linkage. You can use a variety of evidence to prove this connection. These include medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the situation of mental health conditions). There are occasions when veterans have medically determined disabilities, but they are not able to be considered to be service-connected due missing or incomplete documents. These cases require the help of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is backed by unbiased experts.
It is simpler to establish a direct service connection when illnesses or injuries occurred during your time in the military. For instance, if received a head injury during service and now suffer headaches and concussions there is a direct link between the two events and your current condition.
However, it's more difficult to be connected if you suffer from a pre-existing medical condition that got worse while you were in the military. To prove that your service has aggravated or worsened an existing condition You must present expert medical evidence that rises to the level of "clear and irrefutable" evidence.
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical evidence. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a complaint. A veterans disability lawyer can help the claimant navigate the three decision review options that include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experience and the military's culture. This will make the process more enjoyable and reduce the need for you to talk about your experiences and circumstances in plain English.
You also want a firm that will work on your case for the entire appeals process of several years. Beware of companies that will only assist you with the initial stages of your claim and then disappear.
An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing and represent you in any Board meetings to ensure your case will be dealt with in a fair and fair manner. They can also help you win your benefits, such as monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How to get a higher rating
There might come a time when your disability becomes more serious, or your symptoms get more difficult or wider. It is logical in this scenario to ask for an increase in the rating. A veterans disability lawyer can assist with this procedure, and assist you in locating evidence to support your request.
It's not unusual to see the VA make mistakes, which can result in an under-rated rating than you deserve. In the event that they fail to notice an injury or ignore a condition that could be a combination of other disabilities to earn higher ratings It's worthwhile to have a professional look over your records to identify any errors.
Even when it's been over one year since you made your initial rating decision, you still can file a higher-level review or supplemental claim. These include a review of your entire file that could lead to modifications to your effective date as well as an updated rating that is more true to your feelings.
If you believe you deserve an assessment of 100 percent or higher, you should consider seeking a supplemental claim. A disability attorney can help you put together an argument that is convincing for this type of rating that is reserved for those with debilitating disabilities. A mental health condition, for example, may allow you to receive a 100% rating of disability because it can interfere with employment or result in frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or other medical issues.
Assistance with the Appeals Process
Contrary to what some may believe, an VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. Former service members have one year to appeal any decision that isn't favorable.
An experienced veterans disability lawyer can assist a veteran to determine which of the three ways to appeal is most suitable for their case. They can also help veterans put all the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even provide a veteran with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have a wealth of experience dealing with VA disability claims, and they are aware of the rules and procedures in detail. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that may improve the outcomes of a veterans disability case.
Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims for no cost to determine if we can help you. Contact us today to arrange your free evaluation.