7 Things About Veterans Disability Law You ll Kick Yourself For Not Knowing

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to submitting an appeal of a claim that has been denied.

Choose a veterans disability law disability attorney who focuses their practice on dealing with these cases and who is familiar with 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 is a result of your military service. This is referred to as nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health assessments (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are times when veterans disability claim suffer from medically determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who are able to present an accurate claim and Veterans Disability Case submit evidence that is supported by unbiased experts.

It is simpler to prove a direct service connection when illnesses or injuries occurred while you served in the military. For example, if you were struck in the head during service and now suffer from concussions and headaches, there is a direct link between the two events and your current condition.

However, it is more difficult to be connected if you suffer from an existing medical condition that got worse while in the military. In order to prove that your time in service worsened or aggravated an existing illness You must present expert medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing to a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. It usually issues a ruling which either approves or denies benefits. If the decision is unfavorable, the veteran has one year to make a notice of disagreement. A disability attorney for veterans can assist the claimant through the three decision review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of veterans disability attorneys' Appeals.

Consider whether the lawyer understands your military experience and the culture of the armed services when selecting the New York veterans' disability lawyer. This can make it easier for you and reduce the need to explain your situations and experiences in layman's terms.

You need a firm that will work on your case throughout the lengthy appeals procedure. Beware of firms who only assist you with the first stages of your case, and then disappear.

A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing, and represent you in any Board meetings to ensure your case will be dealt with fairly. They can also assist in obtaining you benefits, such as financial compensations, aid and attendance benefits, educational benefits, or even unemployment.

Earning a higher rating

There could be a point where your disability gets more severe, or your symptoms get more complex or broader. In this case, it makes sense to request a higher rating. A veterans disability lawyer can help with that procedure, and help you dig up evidence to prove your claim.

It's not unusual for the VA to make mistakes that result in a lower rating than you deserve. It's recommended to consult an expert to look over your records for mistakes. They could have missed an injury or omitted an issue that could be added to another disability to get an improved rating.

You can still file a higher-level claim and review if you've been given a rating for more than one calendar year. These are a thorough examination of your file. It could result in the change of your effective date or a new rating that's more accurate to how you really feel.

It's also worth pursuing an additional claim or higher-level review if you're entitled to a disability grade of 100 percent or more. A disability lawyer can help you build a strong case for this rating which is only available for the most serious disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percentage disability rating since it can hinder employment or cause frequent hospitalizations which do not normally trigger this level for a heart problem or any other medical condition.

Getting Help with the Appeals Process

Despite what some people may think that denial of an appeal for disability by the VA isn't the end of an individual's chance to collect benefits. In fact, a former military member has one year from the date that the local veteran's hospital or office mails them an unfavorable determination to file an appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals routes is most appropriate for their particular situation. They can also help an individual vet put the evidence needed to convince a higher-level reviewer that their previous decision was not right. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim needs. They also have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures from top to bottom. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This creates an unique type of empathy, which can make a difference in the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us today to set up your free assessment.