10 Misconceptions That Your Boss May Have About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From collecting medical and service proof to filing an appeal against the denial of your claim.
Select a veteran disability lawyer that specializes in these kinds of cases and is acquainted 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 can prove that the condition you have is a result of your military service. This is referred to as a relationship. There are a variety of evidence you can use to show this connection, including medical records or independent medical exams (IME), and the nexus letters of current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is backed by independent experts.
It is easier to prove a direct connection when injuries or illnesses occurred while you served in the military. If you've been injured while in the military, and now suffer from headaches and concussions it is much easier to prove a direct service connection.
It is harder to get service-connected if there was an existing condition that got worse while you were in military service. To show that your time in service caused or aggravated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing a denied application
The VA will review your application after you have submitted your application and provided medical evidence. The VA will typically issue a decision approving or denying benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A disability attorney for veterans can help the claimant navigate through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When selecting when choosing a New York veterans disability lawyer Make sure you consider whether they understand your military experience and the traditions of the armed forces. This will make the process more comfortable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.
You need a firm that will work on your case throughout the multi-year appeals procedure. Be wary about firms that assist you in the initial stages of your case, only to then go away.
An experienced New York veterans' disability attorney can assist you at all stages of the claim, including appeals. They can assist you in submitting more medical evidence, file an official hearing and represent you in any Board meetings to ensure your case will be dealt with in a fair manner. They can also assist you to obtain benefits like monetary compensation, aid and attendance, education benefits, or unemployment benefits.
Getting a Higher Rating
There may come a time when your disability becomes more serious or your symptoms become more difficult or wider. It is logical in this situation to ask for an increase in the rating. A veteran disability lawyer can assist you with this process, and also help you collect evidence to back your claim.
It's not uncommon to see the VA make mistakes, which can result in being awarded a lower rating than what you deserve. Whether they accidentally miss an injury you have or overlook a problem that could be a combination of other disabilities to receive a higher rating it's important to have a professional look over your records to identify any mistakes.
You are still able to make a higher-level claim, or review if you have been rated for more than a calendar year. These involve a full review of your file, and could result in an amendment to your effective date or a new rating that's more in line with how you truly feel.
It's also advisable to file an additional claim or higher-level review if you are entitled to a disability rating of 100 percent or more. A disability attorney can assist you in putting together a convincing argument for this type of rating, that is reserved for those with debilitating disabilities. A mental health problem for instance, might make you eligible for a 100 percent disability rating because it can interfere with employment or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or any other medical condition.
Need help with the Appeals Process
Contrary to what some may believe the fact that an VA denial of disability benefits doesn't mean that an individual is in no position to claim benefits. Former service members have one year to appeal any decision that isn't favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three ways to appeal is most appropriate for their particular situation. They can also assist veterans put the evidence needed to convince a higher-level reviewer that their previous decision was not right. They may even be able to provide a veteran with a formal hearing before an Veterans Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim demands. They are also likely to have years of experience dealing with VA disability claims and know the rules and procedures inside and out. Some attorneys are veterans disability lawsuit, so they are aware of the difficulties that disabled veterans disability lawsuits face. This can result in a unique type of empathy which could help in the resolution of a veterans' disability case.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we are able to help you. Contact us today to schedule an evaluation for free.