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

Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can help you throughout the claims process.

Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it is proven that your condition is directly related to your military service. This is known as a nexus. There are various types of evidence that you can use to show this connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and submit evidence that is backed up by independent experts.

It is much easier to establish an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you have been injured in the military and you now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

However, it is harder to get connected if you have an existing medical condition that became worse while you were in the military. To prove that your service time has aggravated or exacerbated a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical proof. The VA will typically issue the decision of approving or disapproving benefits. If the decision is deemed unfavorable the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can assist the claimant through the three review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military experiences and the army's culture. This can make the process more comfortable and eliminate the need for you to explain your experience and the circumstances in layman's terms.

You also want a firm who will remain on your case for the entire multi-year appeals process. Be wary of companies that assist you in the first phases of your case and then vanish.

An experienced New York veterans disability attorney can help you through all phases 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 dealt with fairly. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, education benefits, or unemployment.

How can you get a better rating

There could be a point that your disability becomes more severe or your symptoms become more complex or broader. It is logical in this case to request an increase in rating. A lawyer for veterans can assist you in this process, and assist you in finding evidence to prove your claim.

It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. It's a good idea to hire an expert to look over your records for any errors. They may have overlooked an injury or missed any issue that could have been coupled with another disability to get a higher rating.

Even when it's been over a year since your initial rating decision, you have the option of filing an additional review or claim. This involves a thorough review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more in line with how you feel.

It's also worth looking into a supplemental claim or higher-level review if you're trying to argue that you're entitled to a disability rate of 100 percent or higher. A disability attorney can help you create a compelling argument for this kind of rating, which is reserved only for difficult to treat disabilities. A mental health problem such as depression, for instance, could make you eligible for a 100% rating of disability because it could affect your job or cause frequent hospitalizations which would not normally trigger this level for a cardiovascular problem or other medical issues.

Assistance with the Appeals Process

Contrary what some believe contrary to what many may think, a VA denial of disability benefits doesn't mean that a person isn't eligible to receive benefits. Former military personnel have a year to appeal the decision if it is not favorable.

An experienced veterans disability attorney can assist a veteran in determining which of the three options for appeal is the best option for his particular situation. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can provide a veteran a more formal hearing in front of a veterans disability attorneys Law judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim deserves. They also have a wealth of experience dealing with VA disability claims, and they know the rules and procedures completely. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This can lead to a particular kind of empathy that can sometimes improve the outcome of an issue involving veterans' disability.

The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims for no cost to determine if we can help you. Call us today to schedule an appointment for a free evaluation.