Then You ve Found Your Veterans Disability Law ... Now What
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal of an appeal denied.
Select a veteran disability attorney who is specialized in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits when it can be proved that your condition is connected to your military service. This is called a nexus. You can use a variety of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a the nexus letters from current health care providers (especially in the case of mental health conditions). There are times when veterans disability lawyers suffer from medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is confirmed by independent experts.
It is much easier to establish the direct connection between your service and injuries or illnesses that occurred while you were in the military. For example, if you were hit in the head 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 a lot more difficult to become service-connected if there was an existing medical condition that was worsened during your military service. To prove that your service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and irrefutable" evidence.
Appealing a denied application
After submitting an application and providing medical evidence The VA will examine the case. The VA usually issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can help the claimant navigate through the three decision review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience and the tradition of the armed services when selecting the New York veterans' disability lawyer. This will make the process more relaxed and less demanding for you to explain your experience and the circumstances in layman's terms.
You want a firm who will be working on your case throughout the long appeals process. Be wary about firms that assist you in the first stages of your claim and then disappear.
A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist in obtaining you benefits such as cash compensations, aid or attendance benefits, educational benefits, or even unemployment.
How to get a higher rating
It may happen that your disability gets worse or your symptoms become more severe. It is logical in this instance to seek an increase in rating. A veteran disability lawyer can assist you with this process and help collect evidence to back your claim.
It's not uncommon for the VA to make mistakes that result in an under-rated rating than you deserve. Whether they accidentally miss an injury you've suffered or overlook a problem that could be linked with other disabilities to earn an increase in rating It's a good idea to have an expert look over your records to identify any mistakes.
Even when it's been over one year since your initial rating decision, you still can file a higher-level review or supplemental claim. This could include a thorough review of your entire dossier, which can result in modifications to your effective date and an updated rating that is more true to your feelings.
It's also worth looking into an additional claim or a more thorough review if you believe you deserve a disability rating of 100 percent or greater. A disability lawyer can assist you in putting together a convincing argument for this type of rating which is reserved for extremely difficult to treat disabilities. For instance the mental health issue could be a reason to get a 100% disability rating because it can cause a significant interruption to work or periods of hospitalization that do not typically trigger this kind of the rating for a heart illness or other medical issues.
Need help with the Appeals Process
Contrary to what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that the person is not eligible for benefits. Former military personnel have a year to appeal any decision that isn't favorable.
An experienced veteran disability attorney can assist a veteran in determining which of the current three pathways for appeal is the best option for his particular case. They can also assist a vet get the evidence together needed to convince a higher level reviewer that their previous decision was wrong. They may also give a veteran an extra formal hearing before a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They are also likely to have a vast experience handling VA disability claims and know the rules and procedures both inside and outside. Some lawyers are veterans, and therefore know the challenges that disabled veterans disability lawyers face. This can result in a unique kind of empathy that could help in the resolution of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Contact us today for your free evaluation.