Are You Getting The Most Value Of Your Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Choose a veteran disability attorney that is experienced in these types of cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits when it can be confirmed that your illness is connected to your military service. This is called a linkage. There are many types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a nexus letter from current health care providers (especially in the situation of mental health conditions). There are occasions where veterans are diagnosed with medical disabilities, but cannot be considered service-connected due to incomplete or omitted documents. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by unbiased experts.
It is simpler to prove that there is a direct connection to your service for illnesses or injuries which occurred while in the military. For instance, if were struck in the head during your time in service and you are suffering from concussions and headaches, there is a direct link between the two events and your current condition.
However, it's more difficult to get service connected if you have a pre-existing medical condition that grew worse when you were in the military. In order to prove that your military service worsened or aggravated an existing medical condition, you must supply expert medical evidence that rises to the level of "clear and unmistakable" evidence.
Appealing a denied application
After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will examine the case. The VA typically issues an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three review options including a supplemental claim, higher-level review or a direct appeal to the Board of veterans disability law firm' Appeals.
When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they understand your military background and culture of the armed forces. This can make the process more enjoyable and less requiring you to explain your experience and situations in plain language.
You also want a firm that will work on your case for the duration of the appeals process over a period of years. Be wary of firms that assist you in the initial stages of your claim, and then go away.
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 more medical evidence, ask for an official hearing, and represent you at any Board sessions to ensure that your case will be dealt with in a fair and fair manner. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployability benefits.
How to get a higher rating
It could happen that your disability gets more severe or your symptoms become more severe. In this case it's sensible to seek a higher rating. A veterans disability lawyer can help with that process, and can help you dig up evidence to support your request.
It's not unusual for the VA make mistakes, resulting in an under-rated rating than you deserve. Whether they accidentally miss an injury that you suffer from or miss a condition which could be linked to other disabilities in order to get an improved rating, it's worth having a professional look over your records to find any mistakes.
You can still file a higher-level claim or review if you have been given a rating for more than one calendar year. These require a complete review of your file and can result in changes to your effective date or an updated rating that is more accurate to what you really feel.
If you believe you're entitled to an assessment of 100 percent or higher, consider making a claim for supplemental benefits. A disability lawyer can help create a compelling case for this rating, which is reserved only for the most severe of disabilities. For instance, a mental health condition might qualify you for 100% disability ratings because it could cause significant disruption to your work or frequent periods of hospitalization that do not normally trigger this type of an assessment for a cardiovascular disease or other medical issue.
Helping with the Appeals Process
Contrary to what many believe, a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former soldier is given one year from the date the local veterans' hospital or office mails them an unfavorable determination to appeal.
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 assist an individual vet put the evidence they need to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing before an Veterans Law judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim demands. They also have extensive experience handling VA disability claims, and they are aware of the rules and procedures completely. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This can create a distinct kind of empathy that could help in the resolution of an issue involving veterans' disability.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us now to schedule an evaluation for free.