A Step-By -Step Guide For 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 submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Choose a veterans disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits if it's established that your condition is directly related to your military service. This is known as a nexus. You can use a variety of evidence to prove this connection. This includes medical records, independent health exams (IME), or nexus letter from current health care providers (especially in the case of mental health conditions). There are times that veterans disability lawsuit suffer from medically-determined disabilities, but cannot be considered service connected due to the absence of or insufficient documents. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are impartial.
It is simpler to establish a direct connection when injuries or illnesses occurred during your time in the military. If you suffered injuries in the military and now suffer from headaches or concussions, it's much easier to prove a direct service connection.
It is difficult to be service-connected if you had an existing condition that got worse during your military service. To prove that your time in service worsened or aggravated a pre-existing illness You must present expert medical evidence that is at the level of "clear and undeniable" evidence.
Appealing a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA usually issues an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three review options: either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military background and culture of the armed forces. This can make it simpler for you and lessen the need to explain your situations and experiences in layman's.
You should also find a firm who will remain on your case for the entire appeals process of several years. Be wary of firms that only 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 including the appeals process. They can help you submit additional medical evidence, request an official hearing and represent you at any Board meetings to ensure your case will be dealt with in a fair and fair manner. They can also assist you to get your benefits, like monetary compensation, aid and attendance, education benefits or unemployment benefits.
How to get a higher rating
It could happen that your disability becomes worse or your symptoms become more severe. It is logical in this scenario to ask for an increase in rating. A veteran disability lawyer can assist you with this process and help gather evidence to support your claim.
It's not unusual to see the VA to make mistakes that result in receiving a lower score than you deserve. If they overlook an injury you have or overlook a problem that could be linked with other disabilities to receive an improved rating It's a good idea to have a professional look over your records to find any errors.
Even when it's been over a year since your initial rating decision, you have the option of filing an additional review or claim. These are a thorough examination of your file, and could result in the change of your effective date or an entirely new rating that's more accurate to what you feel.
If you believe that you are entitled to a rating of 100 percent, or higher, it's worth making a claim for supplemental benefits. A disability lawyer can assist you to create a compelling case for this rating that is reserved for the most debilitating disabilities. For instance an illness that is mental might qualify you for a 100% disability rating because it could cause significant disruption to your work or frequent periods of hospitalization, which don't normally trigger such an assessment for a cardiovascular disease or other medical issue.
Need Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former military member can wait one year from date that the local veteran's hospital or office sends them an unfavorable determination to file an appeal.
An experienced veterans disability attorney can assist a vet in determining which of the three options for appeal would be best for his particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer that the previous decision was not right. They can even provide a veteran with a more formal hearing before a Veterans Law Judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim demands. They will also have extensive experience in handling VA disability claims, and are familiar with the rules and procedures in detail. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans disability law firms face. This can result in a unique type of empathy which can help improve the outcome of an appeal for veterans' disability.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Contact us today to arrange your free evaluation.