Buzzwords De-Buzzed: 10 Alternative Methods To Say Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal of an appeal denied.
Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you prove that the condition you suffer from is connected to your military service. This is referred to as a nexus. There are a variety of evidence that you could prove this connection, including medical records as well as independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and provide evidence backed by impartial experts.
It is simpler to prove a direct connection if injuries or illnesses occurred during your time in the military. If you've been injured while 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 service time caused or aggravated a pre-existing medical condition, you'll need to present medical evidence that is "clear and undeniable".
Appealing to a Denial
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. It usually makes a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given one year to submit a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences as well as the tradition of the armed services when choosing 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 find a firm who will remain on your case throughout the duration of the appeals process over a period of years. Beware of firms that only assist you in the first stages of your case, only to then go away.
A seasoned 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 or request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help win you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or even unemployment.
How to get a higher rating
There might come a time that your disability becomes more severe or your symptoms become broader or more challenging. It makes sense in this instance to seek an increase in the rating. A lawyer for veterans disability lawsuits can assist in that process, and help you dig up evidence to support your request.
It's not uncommon for the VA to make mistakes that result in receiving a lower score than you deserve. In the event that they fail to notice an injury or miss a condition that could be combined with other disabilities to receive higher ratings, it's worth having a professional look over your records to identify any errors.
Even even if it's been more than one year since the initial rating decision, you can file an additional review or claim. These involve a full review of your file, and could result in the change of your effective date or an updated rating that is more in line with how you feel.
If you think you're worthy of a rating of 100 percent or higher, it's worth applying for a supplemental claim. An attorney for disability can help you put together a convincing argument for this type of rating which is reserved for very debilitating disabilities. For instance an illness that is mental might qualify you for an 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization, which don't usually trigger this level of rating for cardiovascular condition or other medical problem.
Getting Help with the Appeals Process
Contrary to what many believe the fact that an VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. In fact, a former soldier is given one year from the date that their local veterans hospital or office sends them a denial to appeal.
An experienced veterans disability attorney can assist a vet in determining which of the current three appeals options is best for his case. They can also help with gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They may even be able to provide veterans with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They will also have extensive experience in managing VA disability claims, and they know the rules and procedures inside out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a distinct type of empathy which can help improve the outcome of an appeal for veterans' disability.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Contact us today to schedule an evaluation for free.