The Ultimate Guide To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal on a denied claim A veteran disability lawyer can help you throughout the entire claims process.
Choose a lawyer for veterans who focuses their practice on dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it can be confirmed that your illness is linked to your military experience. This is known as a "nexus. There are many types of evidence that you can use to show this connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are instances when veterans have medically determinable disabilities, but they are not able to be considered to be service-connected due insufficient or missing records. These cases require the help of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is backed up by experts who are impartial.
It is simpler to establish a direct connection when injuries or illnesses occurred while you were in the military. If you've been injured while in the military and now suffer from headaches and concussions, it is easier to prove a direct service connection.
However, it's more difficult to be connected if you suffer from a pre-existing medical condition that worsened while in the military. To prove that your service aggravated or made worse a pre-existing illness you must provide a doctor's medical evidence that reaches the level of "clear and undeniable" proof.
Appealing a Denied Application
After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA typically issues an approval or denial of benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three review options that include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Be sure to think about whether they understand your military background and culture of the armed forces. This can make it easier for you and reduce the necessity to explain your circumstances and experiences in layman's terms.
You want a company that will handle your case throughout the multi-year appeals procedure. Be wary of firms that only assist you with the initial phases of your claim and then vanish.
An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit more medical evidence, request an official hearing and assist you at any Board meetings so that your case is handled without prejudice. They can also assist you in obtaining you benefits such as cash compensations, aid or attendance benefits, education benefits, or even unemployment.
How to get a higher rating
It is possible that your disability gets more severe or your symptoms become more severe. It is logical in this scenario to ask for an increase in rating. A veterans disability lawyer can assist you in this process, and can help you dig up evidence to justify your request.
It's not unusual for the VA to make mistakes that result in being awarded a lower rating than what you deserve. It's worth getting an expert to look over your records for any errors. They could have missed an injury or omitted a problem which could be added to another disability to receive an increase in rating.
Even when it's been over a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your file and can result in the change of your effective date or an entirely new rating that's more accurate to what you truly feel.
It's also worth seeking an additional claim or higher-level review if you're trying to argue that you're entitled to a disability rate that is 100 percent or more. An attorney for disability can help you put together an argument that is convincing for this kind of rating, which is reserved for extremely difficult to treat disabilities. For example an illness that is mental could be a reason to get a 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization that do not normally trigger such an assessment for a cardiovascular illness or other medical issues.
Getting Help with the Appeals Process
Contrary to what many believe, a VA denial of disability benefits doesn't mean that an individual isn't eligible to receive benefits. Former military personnel have a year to appeal a decision that is not favorable.
An experienced veterans disability lawyer can assist a veteran to determine which of the three current appeals routes is the best option for their situation. They can also help veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They may also give a veteran an extra formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have a lot of experience in handling VA disability claims, and they are aware of the rules and procedure completely. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can lead to a particular type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us today to set up your complimentary evaluation.