5 Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal of an appeal denied.

Choose a veterans disability attorney who focuses their practice on 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 when it can be established that your condition is connected to your military service. This is known as a nexus. There are a variety of evidence that you can prove this connection, such as medical records as well as independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.

It is easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For example, if you were struck in the head during your time in service and you are suffering headaches and concussions, there is a clear link between the two events and your current condition.

It is harder to get connected to the military if you suffered from an existing medical condition that was worsened during your military service. In order to prove that your service worsened or aggravated an existing illness you must provide a doctor's medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a complaint. A veterans disability lawyer can help the claimant navigate the three possible review options -- a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military background and traditions of the armed forces. This will make it easier for you and reduce the requirement to explain your situation and experiences in layman's.

You want a company that will handle your case throughout the long appeals procedure. Be wary of companies that assist you in the first stages of your claim and then go away.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. 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 will be handled fairly. They can also assist you to obtain benefits like monetary compensation aid and attendance, education benefits or unemployability benefits.

How to get a higher rating

There could be a point where your disability gets more severe or your symptoms become more complex or broader. It makes sense in this instance to seek an increase in rating. A veterans disability lawyer can assist in that procedure, and assist you in finding evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you deserve. Whether they accidentally miss an injury that you suffer from or overlook a problem which could be linked to other disabilities in order to get an improved rating, it's worth having an expert review your records to identify any errors.

You may still make a higher-level claim, or review if you've been evaluated for more than a calendar year. This includes a review of your entire dossier, that could lead to changes to your effective date, as well as an updated rating that is more true to your personal feelings.

It's also worth looking into an additional claim or higher-level review if you believe you are entitled to a disability rating of 100 percent or higher. A disability lawyer can assist you to develop a compelling argument for this rating that is reserved for the most severe of disabilities. For instance the mental health issue might qualify you for an absolute disability rating because it could cause significant disruption to your work or frequent periods of hospitalization that do not typically trigger this kind of the rating for a heart condition or other medical problem.

Help with the Appeals Process

Contrary to what some believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that an individual has no chance of recovering benefits. In fact, a former veteran has a year from the date that the local veteran's hospital or office mails them a decision that is not favorable to file an appeal.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current appeals options is best for their case. They can also help veterans put the evidence together needed to convince a higher level reviewer that their previous decision was not right. They may also give a veteran an additional formal hearing front of a Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim demands. They also have a lot of experience in managing VA disability claims, and they understand the rules and procedure inside and out. Additionally, some lawyers are veterans disability attorneys themselves, which means they understand the issues disabled veterans disability law firm have to face. This creates a unique type of empathy that can sometimes help improve the outcome of a veterans disability case.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims for no cost to determine if we can help you. Contact us now to schedule your free evaluation.