An Easy-To-Follow Guide To 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 help you throughout the entire claim process.
Choose a lawyer for veterans who limits their practice to handling these cases and knows 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 provide disability benefits if you prove that the condition you suffer from is related to your military service. This is referred to as a nexus. There are many types of evidence to prove the connection. These include medical documents, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence that is backed by independent experts.
It is much easier to prove that there is a direct connection to your service for injuries or illnesses which occurred while in the military. If you suffered injuries in the military, and now suffer from headaches or concussions, it is easier to prove a direct service connection.
It is more difficult to be service-connected if you had an existing condition that got worse while you were in military service. To prove that your time in service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.
Appealing an Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling that either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A lawyer for veterans disability attorneys' disabilities can assist the claimant in navigating the three review options including an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences as well as the tradition of the armed services when selecting a New York veterans' disability lawyer. This will help you feel more comfortable and less requiring you to describe your experiences and circumstances in plain English.
You should also choose a firm that will work on your case throughout the entire duration of your appeal. Be wary of companies that help you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability law firm disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also help win you benefits like monetary compensations, aid and education benefits, attendance benefits, or even unemployment.
How to get a higher rating
It could be that your disability gets worse or your symptoms get more severe. It makes sense in this case to request an increase in the rating. A veteran disability lawyer can assist you in this process, and also help you collect evidence to support your claim.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. It's worth contacting a professional to check your records for errors. They might have missed an injury or neglected to mention a problem which could be combined with another disability to earn an even higher rating.
Even the fact that it's been more one year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These require a complete review of your file and can result in the change of your effective date or an entirely new rating that's more accurate to how you really feel.
It's also worth pursuing an additional claim or higher-level review if you believe you are entitled to a disability rating that is 100 percent or more. A disability attorney can help you create an argument that is convincing for this type of rating which is reserved for very difficult to treat disabilities. For instance, a mental health condition could qualify you for an absolute disability rating because it could cause significant interruption to work or periods of hospitalization that do not usually trigger this level of an assessment for a cardiovascular condition or other medical problem.
Getting Help with the Appeals Process
Despite what some believe, the denial of an appeal for disability by the VA isn't the end of a person's chances to receive benefits. In fact, a former servicemember has a year from the date their local veterans hospital or office sends them a negative decision to appeal.
An experienced veterans disability attorney can assist a vet in determining which of the three pathways for appeal would be best for his particular case. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer their previous decision was not correct. They can even assist veterans with a more formal hearing before an Veterans Law Judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim demands. They also have extensive experience handling VA disability claims and are aware of the rules and procedures in and out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This can create a distinct type of empathy which can sometimes improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team highly trained lawyers will review your VA disability claims free of charge to determine if we are able to assist you. Call us today to schedule your complimentary evaluation.