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 collecting medical and service proof to filing an appeal against a denied claim.
Choose a veterans disability attorney who is specialized in handling these cases and is aware of the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits only if you prove that the condition you suffer from is linked to your military service. This is called a relationship. There are many types of evidence that you could use to show 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). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed up by independent experts.
It is simpler to prove direct service connection for illnesses or injuries that occurred while you were in the military. If you've been injured while in the military and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.
However, it's more difficult to get connected if you have a pre-existing medical condition that grew worse while in the military. To prove that your service has aggravated or worsened an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.
Appealing a Denied Application
After filing an application and providing medical evidence, the VA will examine the case. It usually issues a decision that either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to make a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options including a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer Make sure you consider whether they understand your military background and culture of the armed forces. This can help you feel more comfortable and less requiring you to describe your experiences and the circumstances in layman's terms.
You should also find a firm that will work on your case for the entire multi-year appeals process. Be wary of companies that assist you in the initial phases of your case and then disappear.
An experienced New York veterans disability attorney can assist with 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 at any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How can you get a better rating
There may come a time that your disability becomes more severe, or your symptoms get more complex or broader. In that case it's logical to seek an increase in your rating. A veterans disability lawyer can assist you in this process, and help you dig up evidence to support your request.
It's not unusual 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 omitted the issue that could be added to another disability to earn a higher rating.
Even even if it's been more than one year since the initial rating decision, you still have the option of filing an additional review or claim. These involve a full review of your file, and could result in changes to your effective date or an entirely new rating that's more accurate to how you truly feel.
If you believe you're entitled to an assessment of 100 percent or higher, consider making a claim for supplemental benefits. A disability attorney can help you develop a compelling argument for this type of rating, which is reserved for very difficult to treat disabilities. A mental illness such as depression, for instance, could make you eligible for a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or other medical conditions.
Assistance 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 doesn't mean that an individual isn't eligible to receive benefits. In fact, a former servicemember can wait one year from date their local veterans hospital or office sends them an unfavorable determination to file an appeal.
An experienced veterans disability lawyer can help a veteran determine which of the three appeals options is most appropriate for their particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer that the previous decision was not right. They can even provide a veteran with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have years of experience handling VA disability claims, and they know the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates an unique type of empathy that may make a difference in the outcome of a veterans disability lawsuits disability case.
The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claim for free to determine if we are able to help you. Contact us today to arrange your free assessment.