5 Killer Quora Answers To Veterans Disability Law
veterans disability lawyers (learn here)
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Select a veteran disability attorney that specializes in these cases and is familiar with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only provide disability benefits only if you prove that the condition is related to your military service. This is called a nexus. There are various types of evidence that you could prove this connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but are not connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence that is backed up by independent experts.
It is easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. For instance, if you suffered head injuries during your time in service and you are suffering headaches and concussions, there is a clear link between these events and your current condition.
It is more difficult to be 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 illness You must present expert medical evidence that is at the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three options for review which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience and the culture of the armed services when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and reduce the need for you to explain your experience and situations in plain language.
You want a company that will handle your case throughout the long appeals procedure. Beware of companies that will only assist you in the initial stages of your claim, and then vanish.
An experienced New York veterans disability law firms disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also help you obtain benefits including monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How can I get a better rating
It could be that your disability gets worse or your symptoms are more severe. In that situation it's sensible to seek an increase in your rating. A veteran disability lawyer can help you in this process and help collect evidence to support your claim.
It's not uncommon to see the VA make mistakes, resulting in an under-rated rating than you deserve. It's recommended to consult an expert to review your records for any errors. They may have missed an injury or neglected to mention an issue that could be in conjunction with another disability to receive an increase in rating.
You are still able to make a higher-level claim, or review if you have been given a rating for more than one calendar year. These can include a review of your entire dossier, which may result in changes to the effective date of your claim and the creation of a new rating that is more precise to the feelings you have.
It's also worth pursuing an additional claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. A disability attorney can help you put together an argument that supports this kind of rating, which is reserved only for severe disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percent disability rating because it could affect your job or result in frequent hospitalizations that don't normally trigger this level for a heart problem or other medical issues.
Assistance with the Appeals Process
Despite what some people may think, the denial of claims for disability by the VA isn't the end of an individual's chances to receive benefits. In fact, a former veteran can wait one year from date that the local veteran's hospital or office mails them an unfavorable determination to appeal.
A skilled veterans disability lawyer can help a veteran determine which of the three current appeals options is the best option for their situation. They can also assist veterans put the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They will also have extensive experience handling VA disability claims, and are familiar with the rules and procedure in detail. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique kind of empathy that can sometimes enhance the outcome of a disability claim for veterans.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we are able to help you. Call us now to schedule an evaluation for free.