10 Things Everybody Hates About 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 filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.

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

Proving Service Connection

The VA will only offer disability benefits when it can be confirmed that your illness is linked to your military experience. This is known as a relationship. You can make use of various types of evidence to prove this connection. These include medical records, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is backed by experts who are impartial.

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

However, it is more difficult to be connected if you suffer from a pre-existing medical condition that grew worse during your time in the military. In order to prove that your time in service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing a denied application

The VA will review your application after you have submitted your application and submitted medical evidence. The VA typically issues the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. 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 choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military background and military's culture. This will make it easier for you and reduce the necessity to explain your circumstances and experiences in layman's terms.

You want a firm who will handle your case throughout the long appeals process. Be wary of firms that help you with the initial stages of your claim, and then go away.

An experienced New York veterans disability lawsuit disability attorney can assist with all stages of your claim including the appeals process. They can help you submit additional medical evidence, request an official hearing and assist you in any Board meetings to ensure your case is handled fairly. They can also assist you in obtaining you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployability.

Getting a Higher Rating

It is possible that your disability becomes worse or your symptoms become more severe. It makes sense in this instance to seek an increase in the rating. A veterans disability lawyer can assist you in this process, and can assist you in finding evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. If they miss an injury that you suffer from or ignore a condition that could be combined with other disabilities to earn a higher rating It's a good idea to have an expert look over your records to spot any mistakes.

You can still make a higher-level claim, or review if you've been given a rating for more than one calendar year. This could include a thorough review of your entire record, which can result in changes to your effective date as well as the creation of a new rating that is more precise to your feelings.

It's also worth looking into an additional claim or a more thorough review if you believe you deserve a disability rating that is 100 percent or more. An attorney for disability can assist you in putting together an argument that is convincing for this kind of rating, which is reserved for very debilitating disabilities. For example the mental health issue might qualify you for an absolute disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization. These don't usually trigger this level of the rating for a heart disease or other medical problems.

Getting help with the Appeals Process

Despite what some believe the denial of a disability claim by the VA is not the end of a person's chances to collect benefits. Former military personnel have a year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most suitable for their case. They can also assist an individual vet put the evidence together needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide a veteran with a formal hearing before a Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim deserves. They are also likely to have a vast experience handling VA disability claims, and they know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges that disabled veterans have to face. This can lead to a particular type of empathy which can improve the outcome of an issue involving veterans' disability.

The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Call us now to schedule your complimentary evaluation.