5 Killer Quora Answers To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to submitting an appeal of a denied claim.
Choose a veterans 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 they can prove that the condition you suffer from is connected to your military service. This is known as a relationship. There are a variety of evidence you could prove the connection, including medical records or independent medical exams (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are instances that veterans suffer from medically-determined disabilities, but they are not able to be considered service connected due to the absence of or insufficient records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.
It is easier to establish a direct service connection if injuries or illnesses occurred while you were in the military. For instance, if you suffered head injuries during service and now suffer headaches and concussions there is a clear connection between the two events and your current health condition.
However, it is more difficult to be connected if you suffer from a pre-existing medical condition that got worse while you were in the military. To prove that your service aggravated or worsened a pre-existing condition, you'll need to present medical evidence that is "clear and irrefutable".
Appealing to a Denial
The VA will review your case after you have submitted your application and submitted medical evidence. The VA will usually issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A veterans disability lawyer can assist the claimant through the three decision review options -- an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This can make it easier for you to understand and reduce the need to describe your experiences and experiences in layman's language.
You want a company that will be working on your case throughout the multi-year appeals procedure. Beware of companies that will only assist you with the first stages of your case, and then vanish.
A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist in obtaining you benefits, such as monetary compensations, aid and education benefits, attendance benefits, or unemployedness.
How can I get a better rating
It may happen that your disability gets worse or your symptoms get more severe. In such a case, it makes sense to request an increase in your rating. A veterans disability lawyer can assist you in this process, and they can help you find evidence to justify your request.
It's not unusual for the VA make mistakes, which can result in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to look over your records for any errors. They might have missed an injury or neglected to mention any issue that could have been in conjunction with another condition to get an even higher rating.
Even even if it's been more than one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These can include a review of your entire record, that could lead to changes to the effective date of your claim and an updated rating that is more true to your personal feelings.
It's also worth pursuing an additional claim or a higher-level review if you're arguing that you're entitled to a disability rate that is 100 percent or more. An attorney for disability can assist you in putting together a convincing argument for this kind of rating, which is reserved for extremely severe disabilities. For instance mental health issues could be a reason to get a 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that don't normally trigger this type of an assessment for a cardiovascular disease or other medical problems.
Assistance with the Appeals Process
Contrary what some believe, an VA denial of disability benefits doesn't mean that an individual has no chance of recovering benefits. Former service members have one year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can assist a veteran in determining which of the three ways to appeal is most suitable for their case. They can also help veterans disability law firm in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can give a veteran an opportunity to have a formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention you require for your claim. They are also likely to have years of experience dealing with VA disability claims and understand the rules and procedures both inside and outside. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans disability law firms. This creates a unique kind of empathy, which can help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can assist you. Call us now to schedule an evaluation for free.