11 Ways To Completely Revamp Your Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Choose a veteran disability lawyer who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if they can prove that the condition is connected to your military service. This is called a nexus. There are many types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a the nexus letters from current health care providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is supported by experts who are independent.
It is simpler to prove a direct service connection if injuries or illnesses occurred during your time in the military. If you suffered injuries during your military service and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
However, it is more difficult to get service connected if you have an existing medical condition that became worse while in the military. In order to prove that your time in service has aggravated or worsened an existing illness, you must supply expert medical evidence that is at the level of "clear and undeniable" evidence.
Appealing a Denial
After filing an application and providing medical evidence after which the VA will review the application. The VA will typically issue a decision approving or denying benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A veterans disability lawyer [Going On this page] can help the claimant navigate the three decision review options -- the supplemental claim, veterans disability lawyer the higher-level review or an appeal directly to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the tradition of the armed services when selecting a New York veterans disability lawsuit' disability lawyer. This will make the process more comfortable and less demanding for you to describe your experiences and the circumstances in layman's terms.
You also need a company that will continue to work on your case throughout the entire multi-year appeals process. Be wary about firms that assist you with the initial stages of your claim, and then disappear.
An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win your benefits, like monetary compensation, aid and attendance, educational benefits or unemployability benefits.
How can I get a better rating
There may come a time where your disability gets more severe or your symptoms become more complex or broader. In that situation it's logical to seek a higher rating. A veteran disability lawyer can help you in this process and help you collect evidence to prove your claim.
It's not uncommon for the VA to make errors, which could result in being awarded a lower rating than what you deserve. If they overlook an injury that you suffer from or overlook a problem that could be a combination of other disabilities in order to get a higher rating, it's worth having an expert review your records to find any errors.
You can still make a higher-level claim, or review if you have been given a rating for more than one calendar year. This could include a thorough review of your entire file which can result in modifications to your effective date and an updated rating that is more true to your personal feelings.
If you believe you deserve a rating of 100 percent, or higher, consider applying for a supplemental claim. An attorney for disability can help you create a compelling argument for this type of rating, which is reserved for very debilitating disabilities. For example an illness that is mental could be a reason to get 100% disability ratings because it can cause a significant disturbance to your job or frequent periods of hospitalization. These don't normally trigger this type of an assessment for a cardiovascular condition or other medical problem.
Assistance with the Appeals Process
Despite what some believe that denial of an appeal for disability by the VA is not the end of an individual's chance to recover benefits. Former veterans disability legal have one year to appeal any decision that isn't favorable.
A skilled veterans disability legal disability lawyer can assist a veteran to determine which of the three ways to appeal is most suitable for their case. They can also help a vet get the evidence together needed to convince a higher-level reviewer that the previous decision was incorrect. They can give a veteran an additional formal hearing before a Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have a wealth of experience handling VA disability claims, and they are aware of the rules and procedures in detail. In addition, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a unique kind of empathy that can sometimes help improve the outcome of a veterans disability case.
The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claim for free to determine if we can help you. Contact us today to arrange your free evaluation.