Why We Why We Veterans Disability Law And You Should Also
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Select a veteran disability attorney that is experienced 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 award disability benefits if you prove that the condition is related to your military service. This is called a nexus. There are various types of evidence that you could use to show this connection, including medical records as well as independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are times when veterans have medically determined disabilities, but cannot be considered to be service-connected due missing or incomplete records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed up by independent experts.
It is simpler to prove a direct service connection when illnesses or injuries occurred while you served in the military. For instance, if you were struck in the head while serving and are now suffering headaches and concussions there is a direct link between these events and your current condition.
However, it's more difficult to get service connected if you have a pre-existing medical condition that became worse while you were in the military. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to present medical evidence that is "clear and undeniable".
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to submit a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three possible review options -- the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawsuit disability lawyer Make sure you consider whether they can understand your military background and traditions of the armed forces. This will make it easier for you to understand and reduce the requirement to explain your situation and experiences in a layman's way.
You want a firm who will take on your case throughout the lengthy appeals process. Beware of firms that assist you with the initial stages of your case, and then vanish.
A seasoned New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist in obtaining you benefits such as monetary compensations, aid and education benefits, attendance benefits, or unemployability.
How can you get a better rating
There may be a point where your disability gets more severe or your symptoms become more difficult or wider. In that situation it is sensible to ask for an increase in your rating. A veterans disability lawyer can assist in that procedure, and help you dig up evidence to justify your request.
It's not unusual for the VA make mistakes, resulting in being awarded a lower rating than what you deserve. It's recommended to consult an expert to review your records for errors. They might have missed an injury or missed an issue that could be added to another disability to receive a higher rating.
You may still file a higher-level claim or review if you have been rated for more than a calendar year. This involves a thorough review of your file. It could result in changes to your effective date or an updated rating that is more accurate to how you really feel.
It's also worth pursuing an additional claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or more. An attorney for disability can help you create a compelling argument for this kind of rating, which is reserved for extremely debilitating disabilities. A mental health issue, for example, may allow you to receive a 100% rating of disability because it could hinder your employment or cause frequent hospitalizations which are not typically triggering this level of a cardiovascular issue or other medical condition.
Assistance with the Appeals Process
Contrary to what some may believe the fact that an VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. Former service members have a year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can assist a veteran in determining which of the three pathways for appealing would be best for their case. They can also help veterans put the evidence together needed to convince a higher-level reviewer that their previous decision was not right. They can even assist veterans with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have a lot of experience in managing VA disability claims, and they understand the rules and procedure inside out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can lead to a particular kind of empathy that can help improve the outcome of an appeal for veterans' disability.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Contact us today to arrange your free assessment.