The Ultimate Guide To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the entire claim process.
Choose a veterans disability attorney who limits their practice to handling these cases and knows 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 offer disability benefits if it can be proven that your condition is linked to your military experience. This is known as a relationship. There are many types of evidence you could 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). 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 assistance of experienced New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed by independent experts.
It is much easier to establish direct service connection for illnesses or injuries that occurred while you were in the military. For instance, if were struck in the head during service and now suffer headaches and concussions, there is a clear link between the two events and your current condition.
However, it is more difficult to get service connected if you have an existing medical condition that became worse while in the military. In order to prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a Denial
The VA will review your application after you have submitted your application and submitted medical evidence. It usually makes a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veterans disability attorney can assist the claimant through the three review options - an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience and the culture of the armed services when selecting the New York veterans' disability lawyer. This can make it simpler for you and lessen the necessity to explain your circumstances and experiences in layman's language.
You should also choose a firm that will continue to work on your case for the entire duration of your appeal. 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 in all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request an official hearing, and also represent you in any Board meetings to ensure your case is handled in a fair and fair manner. They can also assist in obtaining you benefits such as cash compensations, aid or attendance benefits, education benefits, or even unemployment.
How do I obtain a higher rating
There might come a time where your disability gets more severe, or your symptoms get more complicated or broad. In that case, it makes sense to seek a higher rating. A veteran disability lawyer can assist you with this process and assist you to collect evidence to prove your claim.
It's not unusual for the VA to make errors, which could result in an under-rated rating than you deserve. It's recommended to consult an expert to review your records for any errors. They could have missed an injury or left out an issue that could be coupled with another disability to earn an increase in rating.
Even the fact that it's been more one year since your initial rating decision, you have the option of filing an additional review or claim. These can include a review of your entire dossier, that could lead to modifications to the effective date of your claim and a new rating more accurate to the feelings you have.
If you believe you deserve an assessment of 100 percent, or higher, you should consider requesting a supplemental claim. A disability lawyer can help you develop a convincing argument for this type of rating, which is reserved for extremely difficult to treat disabilities. For example the mental health issue could qualify you for an 100% disability rating due to the fact that it causes significant interruption to work or periods of hospitalization. These don't usually trigger this level of an assessment for a cardiovascular illness or other medical issues.
Need help with the Appeals Process
Contrary to what many believe, a VA denial of disability benefits does not mean that an individual isn't eligible to receive benefits. Former veterans have one year to appeal the decision if it is not favorable.
An experienced veterans disability attorney can assist a veteran in determining which of the three appeals options would be best for his particular case. They can also assist an individual vet put the evidence they need to convince a higher level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim requires. They also have a wealth of experience managing VA disability claims, and they are aware of the rules and procedures inside and out. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This creates an unique type of empathy that can sometimes enhance the outcome of a disability claim for veterans disability attorneys.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims for no cost to determine whether we can assist you. Call us today to schedule your free assessment.