5 Killer Quora Answers On Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From collecting medical and service evidence to filing an appeal against a denied claim A veteran disability lawyer can assist you throughout the claims process.
Choose a veterans disability attorney who is specialized in handling these cases and knows 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 provide disability benefits if you prove that the condition you suffer from is a result of your military service. This is known as a nexus. You can use a variety of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the case of mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by unbiased experts.
It is simpler to prove an immediate connection with your service to injuries or illnesses which occurred while in the military. If you suffered injuries during your military service and now suffer from headaches and concussions, it's much easier to prove a direct service connection.
However, it is harder to get connected if you have a pre-existing medical condition that grew worse while you were in the military. In order to prove that your service aggravated or made worse an existing condition you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a denied application
The VA will review your application after you have submitted your application and provided medical evidence. The VA usually issues an approval or denial of benefits. If the decision is not favorable, the veteran is given a year to file a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three decision review options that include an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York veterans disability attorneys disability lawyer Make sure you consider whether they are familiar with your military background and traditions of the armed forces. This can make things easier for you to understand and reduce the requirement to explain your situation and experiences in layman's language.
You also want a firm that will continue to work on your case for the duration of the appeals process over a period of years. Be wary of firms that assist you in the first stages 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 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 you to get your benefits, like monetary compensation, aid and attendance, educational benefits or unemployment benefits.
How can I get a better rating
It could happen that your disability gets worse or your symptoms become more severe. It is logical in this scenario to ask for an increase in your rating. A veterans disability lawsuit disability lawyer can assist in that process, and help you dig up evidence to prove your claim.
It's not uncommon to see the VA to make errors, which could result in being awarded a lower rating than what you deserve. If they overlook an injury you've suffered or overlook a problem which could be linked to other disabilities in order to get an increase in rating It's a good idea to have an expert look over your records to identify any mistakes.
You can still file a higher-level claim or review if you've been given a rating for more than one calendar year. This includes a review of your entire record, which can result in modifications to your effective date as well as a new rating more accurate to what you feel.
It's also worth looking into an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can assist you to make a convincing case for this rating which is reserved for the most severe of disabilities. For instance an illness that is mental might qualify you for an absolute disability rating because it can cause marked interruption to work or periods of hospitalization. These don't usually trigger this level of the rating for a heart condition or other medical problem.
Getting help with the Appeals Process
Contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. In fact, a former veteran has one year from the date that the local veteran's hospital or office sends them an unfavorable determination to appeal.
An experienced veterans disability lawyer can help a veteran decide which of the three current appeals options is most suitable for their case. They can also assist veterans put all the evidence required to convince a higher-level reviewer that the previous decision was incorrect. They can give a veteran an opportunity to have a formal hearing before a Veterans Law judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim requires. They also have extensive experience in dealing with VA disability claims, and are familiar with the rules and procedures completely. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that can sometimes help improve the outcome of a veterans disability case.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for free to determine if we are able to help you. Call us today to set up your free evaluation.