Tips For Explaining Veterans Disability Law To Your Boss

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From gathering evidence of medical and other service to filing an appeal of the denial of your claim.

Select a veteran disability attorney who limits their practice to dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if they can prove that the condition you have is related to your military service. This is referred to as a relationship. You can use different types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus note from current health care providers (especially in the cases of mental health issues). There are occasions when veterans have medically determined disabilities, but cannot be considered service connected due to the absence of or insufficient records. These cases require the help of skilled New York disability lawyers who are able to present an accurate claim and submit evidence that is supported by independent experts.

It is simpler to prove direct service connection for injuries or illnesses that occurred while in the military. For instance, if you were struck in the head during service and now suffer headaches and concussions there is a clear connection between those events and your current condition.

It is harder to get connected to the military if you suffered from an existing condition that got worse while you were in military service. To prove that your service time has aggravated or exacerbated a pre-existing health condition, you'll have to present medical evidence that is "clear and irrefutable".

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will usually issue a decision approving or denying benefits. If the decision is not favorable the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can help the claimant navigate the three options for review including an additional claim, a higher-level review or veterans disability lawyer a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience and the military's culture when choosing the New York veterans disability attorney' disability lawyer. This will make the process more comfortable and less demanding for you to describe your experiences and the circumstances in layman's terms.

You need a firm that will handle your case throughout the long appeals procedure. Beware of firms that only assist you in the initial stages of your claim and then go away.

A seasoned New York veterans' disability attorney can assist you at all phases of the claim, including appeals. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you in any Board meetings so that your case is handled in a fair manner. They can also help you obtain benefits like monetary compensation aid and attendance, education benefits or unemployability benefits.

Achieving a Higher Rating

There could be a point that your disability becomes more severe, or your symptoms get more complex or broader. It makes sense in this instance to seek an increase in your rating. A lawyer for veterans' disability can assist with this process, and assist you in locating evidence to prove your claim.

It's not unusual for the VA to make mistakes that result in an lower disability rating than you deserve. Whether they accidentally miss an injury that you suffer from or overlook a problem that could be a combination of other disabilities to receive an improved rating It's a good idea to have an expert look over your records to spot any mistakes.

You are still able to submit a higher-level claim or veterans disability lawyer review if you have been rated for more than a calendar year. This includes a review of your entire dossier, which can result in changes to the effective date of your claim and a new rating that is more corresponding to what you feel.

If you believe you deserve an assessment of 100 percent or higher, consider applying for a supplemental claim. A disability lawyer can help you put together a convincing argument for this type of rating which is reserved for extremely severe disabilities. For instance the mental health issue could qualify you for an absolute disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization. These don't typically trigger this kind of an assessment for a cardiovascular disease or other medical issue.

Helping with the Appeals Process

Contrary to what many people think the denial of a disability claim by the VA isn't the end of a person's chances to get benefits. In fact, a former soldier can wait one year from date that the local veteran's hospital or office sends them a negative decision to file an appeal.

A skilled veterans disability lawyer can assist a veteran in determining which of the three ways to appeal is best for their case. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can provide a veteran an extra formal hearing before a Veterans Law judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim demands. They also have a vast experience handling VA disability claims and understand the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This can lead to a particular kind of empathy that can improve the outcome of the case of a disabled veteran.

Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for free to determine if we are able to help you. Contact us today for your free evaluation.