5 Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.

Select a veteran disability attorney who specializes in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you prove that the condition you suffer from is linked to your military service. This is referred to as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME), or nexus letter from current health care providers (especially in the situation of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be service connected because of the absence of or insufficient records. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.

It is easier to establish a direct service connection when injuries or illnesses occurred during your time in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it's easier to prove a direct service connection.

It is difficult to be connected to a service if you have an existing condition that deteriorated while you were in military service. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence that is "clear and irrefutable".

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical evidence. The VA usually issues an opinion either approving or denial of benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can help the claimant navigate the three possible review options that include a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience and the tradition of the armed services when selecting the New York veterans' disability lawyer. This can help you feel more comfortable and eliminate the need for you to describe your experiences and situations in layman's terms.

You want a firm who will be working on your case throughout the lengthy appeals process. Be wary of firms that only help you with the initial stages of your case, and then disappear.

An experienced New York veterans' disability attorney can assist you at all stages of the claim including appeals. They can help you submit additional medical evidence, request an official hearing, and also represent you at any Board sessions to ensure that your case is handled without prejudice. They can also assist in obtaining you benefits like monetary compensations, aid and attendance benefits, educational benefits, or even unemployment.

Getting a Higher Rating

There could be a point when your disability becomes more serious, or your symptoms get more complex or broader. It is logical in this scenario to ask for a higher rating. A lawyer for veterans' disability can help with that process, and assist you in locating evidence to justify your request.

It's not common for the VA to make mistakes that result in a lower disability rating than you're entitled to. It's a good idea to hire an expert to look over your records for mistakes. They may have overlooked an injury or left out an issue that could be coupled with another disability to receive an improved rating.

Even even if it's been more than one year since you made your initial rating decision, you still can file a higher-level review or supplemental claim. These are a thorough examination of your file. It could result in a change to your effective date or a new rating that's more accurate to what you really feel.

It's also worth looking into an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or more. A disability attorney can assist you in putting together a convincing argument for this kind of rating, which is reserved only for debilitating disabilities. For example mental health issues might qualify you for 100% disability ratings because it can cause a significant disruption to your work or frequent periods of hospitalization that do not normally trigger this type of an assessment for a cardiovascular condition or other medical problem.

Helping with the Appeals Process

Contrary to what many people think that denial of an appeal for disability by the VA is not the end of an individual's chance to get benefits. In fact, a former servicemember has a year from the date their local veterans hospital or office mails them a denial to appeal.

A skilled veterans disability attorney can assist a veteran in determining which of the current three options for appeal would be the most appropriate for his case. They can also help a vet get the evidence they need to convince a higher level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim requires. They are also likely to have extensive experience handling VA disability claims and understand the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans disability law firms have to face. This can create a special kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to schedule your free evaluation.