Buzzwords De-Buzzed: 10 Other Ways To Deliver Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to submitting an appeal of the denial of your claim.
Select a veteran disability attorney who focuses their practice on dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be proved that your condition is directly related to your military service. This is referred to as linkage. There are many types of evidence you could demonstrate this connection, including medical records, independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health issues). There are instances when veterans have medically determined disabilities, but they are not able to be service connected because of insufficient or missing documents. These cases require the help of experienced New York disability attorneys who are able to present an entire claim as well as submit evidence backed by impartial experts.
It is much easier to establish a direct connection when illnesses or injuries occurred while you were in the military. If you were injured in the military, and now suffer from headaches and concussions, it's much easier to prove a direct service connection.
However, it is more difficult to get service connected if you suffer from an existing medical condition that got worse when you were in the military. To prove that your service has aggravated or worsened a pre-existing illness, you must supply expert medical evidence that reaches the level of "clear and undeniable" proof.
Appealing a denied application
The VA will review your case after you have submitted your application and submitted medical evidence. The VA will usually issue an approval or denial of benefits. If the decision is not favorable, the veteran has one year to make a formal complaint. A lawyer for veterans' disability can assist the claimant through the three possible review options that include an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer, be sure to consider whether they understand your military experience and traditions of the armed forces. This can make the process more comfortable and reduce the need for you to describe your experiences and the circumstances in layman's terms.
You should also find a firm that will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of firms that only help you with the initial stages of your claim, and then go away.
A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit 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 win you benefits like assistance, monetary compensations and attendance benefits, educational benefits, or even unemployment.
Receiving a Better Rating
It could happen that your disability gets worse or your symptoms become more severe. It makes sense in this case to request a higher rating. A lawyer for veterans' disability can assist in that process, and they can help you find evidence to back your request.
It's not unusual to see the VA make mistakes, resulting in receiving a lower score than you deserve. It's a good idea to hire a professional to check your records for mistakes. They might have missed an injury or neglected to mention a problem which could be coupled with another disability to get an improved rating.
Even if it's been more than one year since your initial rating decision, you can file a higher-level review or Vimeo supplemental claim. This involves a thorough review of your file and can result in the change of your effective date or an updated rating that is more accurate to what you really feel.
If you believe you deserve a rating of 100 percent, or more, it's worth applying for a supplemental claim. A disability attorney can help you put together an argument that supports this type of rating which is reserved only for debilitating disabilities. A mental health issue like this one, Vimeo for instance, may allow you to receive a 100 percent disability rating because it can interfere with employment or vimeo result in frequent hospitalizations that do not normally trigger this level of a cardiovascular problem or any other medical condition.
Help with the Appeals Process
Contrary what some believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former soldier has one year from the date the local veterans' hospital or office mails them an unfavorable determination to file an appeal.
An experienced veterans disability lawyer can help a veteran determine which of the three appeals routes is best for their case. They can also help veterans put the evidence they need to convince a higher level reviewer that their previous decision was not correct. They can even provide veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have a wealth of experience in dealing with VA disability claims and understand the rules and procedures in and out. Some lawyers are veterans, so they know the challenges that disabled veterans face. This creates a unique type of empathy, which can make a difference in the outcome of a case involving a disabled veteran.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we are able to assist you. Contact us today for your free evaluation.