An Veterans Disability Law Success Story You ll Never Believe
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a denied claim.
Select a veteran disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if they can prove that the condition you are suffering from is connected to your military service. This is referred to as a relationship. There are many types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or an nexus letter from your current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.
It is easier to prove a direct connection if injuries or illnesses occurred while you served in the military. If you suffered injuries during your military service and now suffer from headaches or concussions it is much easier to prove a direct service connection.
However, it is more difficult to get service connected if you suffer from an existing medical condition that got worse during your time in the military. To show that your time in service caused or aggravated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and undisputed".
Appealing a Denied Application
After filing an application and providing medical evidence The VA will review the case. The VA usually issues the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can help the claimant navigate the three decision review options -- the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Make sure you consider whether they understand your military background and traditions of the armed forces. This can make the process more comfortable and eliminate the need for you to explain your experiences and situations in plain language.
You'll want a firm that will be working on your case through the lengthy appeals process. Beware of firms who only help you with the initial stages of your case, and then go away.
A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting more medical evidence, request an official hearing, and represent you in any Board meetings to ensure that your case is handled fairly. They can also assist you in obtaining you benefits such as assistance, monetary compensations and attendance benefits, education benefits, or unemployedness.
Receiving a Better Rating
There could be a point when your disability becomes more serious or your symptoms become more complex or broader. It makes sense in this case to request a higher rating. A veterans disability lawyer can assist you in this process, and help you find evidence to back your request.
It's not unusual to see the VA to make mistakes that result in receiving a lower score than you deserve. It's a good idea to hire an expert to examine your records for mistakes. They may have overlooked an injury or missed any issue that could have been added to another disability to get an even higher rating.
You can still file a higher-level claim or review if you have been rated for more than a calendar year. This involves a thorough review of your file, and could result in the change of your effective date or a new rating that's more accurate to what you really feel.
If you believe that you are entitled to an assessment of 100 percent, or higher, consider making a claim for supplemental benefits. An attorney for disability can help you put together a convincing argument for this type of rating which is reserved for extremely debilitating disabilities. For instance mental health issues might qualify you for 100% disability ratings due to the fact that it causes significant interruption to work or periods of hospitalization. These don't usually trigger this level of a rating for a cardiovascular disease or other medical problems.
Need help with the Appeals Process
Contrary to what some may believe, an VA denial of disability benefits does not mean that a person is in no position to claim benefits. Former military personnel have a year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can assist a veteran in determining which of the three ways to appeal is best for their case. They can also assist a vet get the evidence they need to convince a higher level reviewer that their previous decision was not right. They can even provide veterans with a formal hearing before a veterans disability attorneys Law Judge.
A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They are also likely to have a vast experience handling VA disability claims, and they know the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This creates a unique kind of empathy that can help improve the outcome of a disability claim for veterans.
The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims free of charge to determine if we can assist you. Contact us today to arrange your free evaluation.