History Of Veterans Disability Law: The History Of Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to submitting an appeal of a claim that has been denied.
Choose a veteran disability lawyer that specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you suffer from is connected to your military service. This is known as a nexus. You can use different types of evidence to prove this connection. These include medical records, independent health exams (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are impartial.
It is much easier to establish a direct connection when illnesses or injuries occurred while you served in the military. If you were injured in the military and now suffer from headaches or concussions, it's easier to prove a direct service connection.
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 show that your time in service caused or aggravated a pre-existing medical condition, you'll need to present medical evidence that is "clear and irrefutable".
Appealing a Denied Application
The VA will review your application after you have submitted your application and submitted medical evidence. It usually makes a decision that either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can guide the claimant through the three review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experience and army's culture. This will make the process more comfortable and less requiring you to talk about your experiences and circumstances in plain English.
You also need a company that will continue to work on your case for the entire duration of your appeal. Be wary of firms that only assist you in the initial stages of your case, and then go away.
A seasoned 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 that your case is treated fairly. They can also assist in obtaining you benefits such as financial compensations, aid and attendance benefits, educational benefits, or unemployability.
How can you get a better rating
There could be a point when your disability becomes more serious or your symptoms become more complicated or broad. It makes sense in this scenario to ask for an increase in rating. A veteran disability lawyer can assist you with this process, and also help you collect evidence to prove your claim.
It's not unusual to see the VA to make mistakes that result in receiving a lower score than you deserve. It's worth getting a professional to check your records for errors. They might have missed an injury or left out the issue that could be in conjunction with another disability to get an increase in rating.
You may still submit a higher-level claim or review if you have been evaluated for more than a calendar year. These involve a full review of your file and can result in a change to your effective date or a new rating that's more accurate to how you really feel.
It's also worth looking into an additional claim or a higher-level review if you're entitled to a disability grade that is 100 percent or more. A disability lawyer can assist you to build a strong case for this rating, veterans disability Lawsuit which is reserved only for the most severe of disabilities. A mental health condition for instance, might make you eligible for a 100% rating of disability because it can hinder employment or result in frequent hospitalizations that would not normally trigger this level for a heart problem or any other medical condition.
Getting help with the Appeals Process
Contrary to what many people think that denial of an appeal for disability by the VA is not the end of an individual's chances to collect benefits. In fact, a former military member has a year from the date that the local veteran's hospital or office sends them a decision that is not favorable to appeal.
A skilled veterans disability attorney can assist a veteran in determining which of the three pathways for appeal is best for his case. They can also help veterans disability lawsuit (from mw.ac.th) in obtaining the evidence required to convince a higher-level reviewer their previous decision was wrong. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have a lot of experience dealing with VA disability claims, and are familiar with the rules and procedures completely. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a distinct type of empathy, which can help improve the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Call us today to set up your free evaluation.