A Step-By-Step Guide To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service proof to filing an appeal of the denial of your claim.

Choose a veteran disability lawyer who specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition you have is linked to your military service. This is called a linkage. You can use a variety of evidence to prove this connection. This includes medical records, independent health exams (IME) or a nexus letter from current health care providers (especially in the situation of mental health conditions). There are times when veterans suffer from medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by experts who are impartial.

It is easier to prove a direct connection when injuries or illnesses occurred while you were in the military. If you suffered injuries in the military and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

It is a lot more difficult to become service-connected if you had an existing condition that got worse while you were in military service. To prove that your military service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that is at the level of "clear and irrefutable" evidence.

Appealing a denied application

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. The VA will typically issue an approval or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A disability attorney for veterans disability lawsuit can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the culture of the armed services when selecting a New York veterans' disability lawyer. This can make it easier for you and decrease the need to explain your situations and experiences in a layman's way.

You'll want a firm that will handle your case throughout the lengthy appeals procedure. Be wary of firms that only assist you with the initial stages of your claim, and then go away.

A seasoned New York Veterans Disability Law Firms' disability lawyer can assist you in every stage of your claim and appeals. They can assist you in submitting more medical evidence, file an official hearing and assist you at any Board meetings so that your case will be handled fairly. They can also assist you to obtain benefits including monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

How can you get a better rating

It could happen that your disability gets worse or your symptoms become more severe. It is logical in this scenario to ask for an increase in the rating. A veteran disability lawyer can assist you in this process and help you collect evidence to back your claim.

It's not uncommon for the VA to make errors, which could result in receiving a lower score than you deserve. It's recommended to consult an expert to look over your records for mistakes. They could have missed an injury or left out the issue that could be combined with another disability to get an increase in rating.

You may still make a higher-level claim, or review if you have been assessed for more than a calendar year. These involve a full review of your dossier and may result in an amendment to your effective date or an updated rating that is more accurate to how you feel.

It's also worth looking into an additional claim or a higher-level review if you believe you're entitled to a disability grade of 100 percent or more. A disability lawyer can help make a convincing case for this rating that is reserved for the most severe of disabilities. A mental illness like this one, for instance, may qualify you for a 100 percent disability rating, as it can hinder employment or cause frequent hospitalizations which would not normally trigger this level for a heart problem or any other medical condition.

Need Help with the Appeals Process

Contrary what some believe contrary to what many may think, an VA denial of disability benefits does not mean that a person has no chance of recovering benefits. Former military personnel have a year to appeal an outcome that is not favorable.

A skilled veteran disability lawyer can help a veteran decide which of the three appeals routes is the best option for their situation. They can also help veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide veterans with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have extensive experience in 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 issues disabled veterans face. This can lead to a particular kind of empathy that can help improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can help you. Contact us today to schedule your free assessment.