Why We Do We Love Veterans Disability Law And You Should Also
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Select a veteran disability attorney that 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 they can prove that the condition you suffer from is related to your military service. This is called a nexus. There are many types of evidence you could use to show this connection, including medical records, independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health issues). Sometimes veterans have 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 lawyers who know how to present an accurate claim and submit evidence that is confirmed by unbiased experts.
It is easier to establish a direct service connection when injuries or illnesses occurred while you served in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it's easier to prove a direct service connection.
It is difficult to be service-connected if you had an existing medical condition that was worsened during your military service. In order to prove that your time in service aggravated or made worse an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and undeniable" proof.
Appealing a Denial
After filing an application and submitting medical evidence, the VA will review the application. It usually issues a ruling which either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to submit a notice of disagreement. A disability lawyer for veterans can assist the applicant navigate the three decision review options -- a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will make the process more enjoyable and reduce the need for you to talk about your experiences and situations in plain language.
You want a firm who will be working on your case throughout the multi-year appeals procedure. Beware of firms that only assist you in the initial stages of your claim, and then vanish.
A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you win you benefits such as financial compensations, aid and attendance benefits, educational benefits, or unemployment.
How can you get a better rating
It is possible that your disability gets more severe or your symptoms become more severe. It makes sense in this case to request an increase in your rating. A lawyer for veterans can assist with this process, and help you dig up evidence to back your request.
It's not uncommon for the VA to make mistakes that result in being denied a disability rating lower than you deserve. If they overlook an injury you have or miss a condition that could be linked with other disabilities to get a higher rating It's worthwhile to have a professional look over your records to find any mistakes.
You may still make a higher-level claim, or review if you've been given a rating for more than one calendar year. These require a complete review of your file, and could result in the change of your effective date or an entirely new rating that's more in line with how you really feel.
If you believe you deserve a rating of 100 percent, or higher, consider requesting a supplemental claim. A disability lawyer can help create a compelling case for this rating that is reserved for the most severe of disabilities. For instance an illness that is mental might qualify you for 100% disability ratings because it could cause significant interruption to work or periods of hospitalization. These don't normally trigger this type of the rating for a heart disease or other medical problems.
Need Help with the Appeals Process
Contrary what some believe, contrary to what some may believe, a VA denial of disability benefits does not mean that a person is not eligible for benefits. In fact, a former soldier is given one year from the date that their local veterans hospital or office mails them a negative decision to appeal.
An experienced lawyer for veterans can assist a veteran in determining which of the three current appeals options is the best option for their situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They can provide a veteran an extra formal hearing front of a Veterans Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim deserves. They are also likely to have years of experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This can lead to a particular type of empathy which can improve the outcome of an appeal for veterans' disability.
The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims for no cost to determine if we can help you. Contact us today to arrange your free assessment.