Five Things Everyone Makes Up In Regards To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. 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 veterans disability attorney that is solely dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits when it can be proven that your condition is connected to your military service. This is referred to as a linkage. There are various types of evidence you can prove the connection, such as medical records or independent medical exams (IME), and nexus letters from current health professionals or therapists (especially for mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but are unable to be service connected because of the absence of or insufficient records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by impartial experts.
It is much easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. If you suffered injuries in the military and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
However, it's more difficult to get connected if you suffer from a pre-existing medical condition that got worse while you were in the military. To show that your time in service has aggravated or exacerbated a pre-existing health condition, you'll have to present medical evidence from an expert that is "clear and irrefutable".
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 issues a ruling which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a complaint. A veteran's disability attorney can assist the claimant through the three review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience and the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make it easier for you and lessen the need to describe your experiences and experiences in layman's terms.
You also need a company who will remain on your case for the duration of the appeals process over a period of years. Be wary of firms that assist you with the initial phases of your case and then vanish.
An experienced New York veterans' disability attorney can assist you at all stages of the claim, including appeals. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also assist you to win your benefits, including monetary compensation, aid and attendance, education benefits or unemployment benefits.
Achieving a Higher Rating
There could be a point that your disability becomes more severe, or your symptoms get more difficult or wider. It is logical in this scenario to ask for a higher rating. A lawyer for veterans can assist with this process, and can assist you in finding evidence to back your request.
It's not unusual for the VA to make errors, which could result in an under-rated rating than you deserve. If they miss an injury you've suffered or ignore a condition that could be linked with other disabilities to earn an improved rating It's a good idea to have a professional look over your records to identify any mistakes.
You are still able to make a higher-level claim, or review if you have been given a rating for more than one calendar year. This could include a thorough review of your entire record, which can result in changes to your effective date and the creation of a new rating that is more precise to the feelings you have.
It's also worth pursuing an additional claim or higher-level review if you're entitled to a disability grade of 100 percent or higher. A disability lawyer can help you build a strong case for this rating which is reserved for the most serious disabilities. For instance the mental health issue could qualify you for a 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that do not usually trigger this level of rating for cardiovascular disease or other medical problems.
Help with the Appeals Process
Despite what some people may think the denial of a disability claim by the VA isn't the end of an individual's ability to receive benefits. Former veterans have one year to appeal the decision if it is not favorable.
An experienced attorney for veterans can assist a vet in determining which of the three appeals options would be best for his particular situation. They can also help veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can give a veteran a more formal hearing in before a Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They will also have extensive experience in handling VA disability claims, and are familiar with the rules and procedure inside and out. In addition, some attorneys are veterans disability law firms themselves, which means that they understand the challenges disabled veterans have to face. This creates a unique kind of empathy that may enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to set up your complimentary evaluation.