How To Explain Veterans Disability Law To Your Boss
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service proof to filing an appeal of a claim that has been denied.
Choose a veterans disability lawsuits disability attorney who focuses their practice on handling these cases and knows the VA's system inside out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you can prove that the condition you suffer from is connected to your military service. This is referred to as a relationship. You can make use of various types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a an nexus note from current healthcare providers (especially in the case of mental health conditions). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire case and submit evidence backed by unbiased experts.
It is simpler to prove direct service connection for illnesses or injuries which occurred while in the military. For instance, if were struck in the head during your time in service and you are suffering headaches and concussions, there is a clear connection between these events and your current health condition.
However, it is more difficult to get service connected if you have an existing medical condition that worsened during your time in the military. To prove that your service has aggravated or worsened a pre-existing illness You must present expert medical evidence that reaches the level of "clear and unmistakable" proof.
Appealing a Denied Application
After filing an application and submitting medical evidence after which the VA will review the application. The VA typically issues the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A disability attorney for veterans can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer, be sure to consider whether they are familiar with your military experience and the military's culture. This can make the process more enjoyable and eliminate the need for you to talk about your experiences and situations in plain language.
You'll want a firm that will take on your case through the lengthy appeals procedure. Beware of firms that only assist you in the first stages of your claim and then disappear.
An experienced New York veterans' disability attorney can assist you at all phases of the claim, including appeals. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also help you win your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployment benefits.
Receiving a Better Rating
There might come a time when your disability gets worse or your symptoms become more difficult or wider. In that case, it makes sense to request a higher rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to prove your claim.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. It's worth getting an expert to review your records for any errors. They could have missed an injury or missed an issue that could be coupled with another disability to get an even higher rating.
Even the fact that it's been more one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file and can result in a change to 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, you should consider applying for a supplemental claim. A disability attorney can help you put together a compelling argument for this type of rating which is reserved only for difficult to treat disabilities. For example mental health issues might qualify you for an absolute disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization that don't normally trigger such the rating for a heart disease or other medical issue.
Getting Help with the Appeals Process
Contrary to what many believe contrary to what many may think, contrary to what some may believe, a VA denial of disability benefits does not mean that an individual is not eligible for benefits. Former service members have one year to appeal any decision that isn't favorable.
A skilled veterans disability lawyer can assist a veteran in determining which of the three current appeals routes is most suitable for their case. They can also help with gathering the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can also provide a veteran with an additional formal hearing before a Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim needs. They will also have extensive experience in handling VA disability claims, and they are aware of the rules and procedures in detail. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This can result in a unique type of empathy which can sometimes improve the outcome of an appeal for veterans' disability.
The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claims free of charge to determine if we are able to help you. Call us today to set up your complimentary evaluation.