20 Things You Must Be Educated About 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 filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the claims process.

Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system from top to bottom. This will ensure your case is given the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it is proven that your condition is linked to your military experience. This is referred to as relationship. There are many types of evidence to prove the connection. These include medical documents, independent health examinations (IME) or a an nexus note from current health care providers (especially in the case of mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but they are not able to be service connected because of incomplete or omitted records. These cases require the help of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is backed by unbiased experts.

It is much easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For instance, if suffered head injuries during service and now suffer from concussions and headaches, there is a strong connection between the events that led to the current condition you are suffering from.

It is a lot more difficult to become connected to a service if you have an existing medical condition that was worsened during your military service. To prove that your time in service has aggravated or worsened an existing medical condition You must present expert medical evidence that rises to the level of "clear and irrefutable" proof.

Appealing to a Denial

After filing an application and submitting medical evidence, the VA will review the application. The VA will typically issue a decision approving or denying benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options - an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the tradition of the armed services when choosing a New York veterans disability attorneys' disability lawyer. This can make the process more comfortable and less demanding for you to explain your experiences and situations in layman's terms.

You want a company that will handle your case throughout the multi-year appeals process. Be wary of companies that assist you in the first stages of your case, only to then go away.

A seasoned New York veterans disability attorney will assist you with every stage 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 that your case is handled in a fair manner. They can also help win you benefits such as financial compensations, aid and education benefits, attendance benefits, or even unemployment.

How to get a higher rating

It is possible that your disability becomes worse or your symptoms are more severe. It makes sense in this case to request a higher rating. A veterans disability lawyer can assist with this process, and they can assist you in finding evidence to prove your claim.

It's not common for the VA to make mistakes that lead to an lower disability rating than you're entitled to. Whether they accidentally miss an injury that you suffer from or miss a condition that could be combined with other disabilities to receive an improved rating It's worthwhile to have an expert look over your records to identify any mistakes.

You can still submit 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 dossier, which may result in changes to the effective date of your claim and a new rating that is more corresponding to your feelings.

It's also advisable to file an additional claim or higher-level review if you believe you're entitled to a disability rate that is 100 percent or more. A disability attorney can help you create a compelling argument for this type of rating that is reserved for those with severe disabilities. A mental illness, for example, may be a reason to get a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations which are not typically triggering this level for a heart problem or other medical conditions.

Assistance with the Appeals Process

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

An experienced veterans disability attorney can help a vet determine which of the three options for appeal would be the most appropriate for his particular situation. They can also assist a vet get the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can give a veteran an extra formal hearing before a Veterans Law judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They also have extensive experience dealing with VA disability claims and understand the rules and procedures in and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a distinct type of empathy which can improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today to arrange your free assessment.