Why We Love Veterans Disability Law And You Should Too
Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service evidence to submitting an appeal of an appeal denied.
Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if they can prove that the condition is related to your military service. This is referred to as linkage. There are a variety of evidence you could use to show this connection, such as medical records or independent medical exams (IME) and the nexus letters of current health professionals or therapists (especially for mental health issues). There are instances when veterans have medically determined disabilities, but are unable to be service connected because of incomplete or omitted documents. These cases require the help of skilled New York disability lawyers who know how to present an accurate claim and submit evidence that is backed up by experts who are independent.
It is easier to prove direct service connection for injuries or illnesses which occurred while in the military. If you've been injured while in the military and you now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.
However, it's harder to get connected if you suffer from an existing medical condition that got worse while in the military. In order to prove that your time in service has aggravated or worsened an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and undeniable" evidence.
Appealing to a Denial
After submitting an application and submitting medical evidence, the VA will review the case. It usually issues a decision that either approves or denies benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disparagement. A lawyer for veterans' disability can assist the claimant through the three possible review options including a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawsuits disability lawyer Be sure to think about whether they can understand your military experiences and the traditions of the armed forces. This will make the process more relaxed and reduce the need for you to talk about your experiences and circumstances in plain English.
You should also find a firm who will remain on your case for the entire duration of your appeal. Beware of companies that will only assist you with the initial stages of your claim and then disappear.
An experienced New York veterans' disability attorney can assist you through every stage of your claim including appeals. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you get your benefits, like monetary compensation aid and attendance, education benefits or unemployment benefits.
How do I obtain a higher rating
There may come a time when your disability gets worse or your symptoms become more difficult or wider. It makes sense in this instance to seek an increase in your rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to support your claim.
It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. It's recommended to consult a professional to check your records for any errors. They could have missed an injury or missed any issue that could have been combined with another condition to get an improved rating.
Even when it's been over one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file. It could result in changes to your effective date or an entirely new rating that's more in line with how you feel.
If you believe that you are entitled to an assessment of 100 percent or higher, it's worth requesting a supplemental claim. A disability lawyer can help develop a compelling argument for this rating, which is reserved only for the most debilitating of disabilities. For example an illness that is mental could be a reason to get an absolute disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that do not usually trigger this level of an assessment for a cardiovascular disease or other medical issue.
Getting help with the Appeals Process
Despite what some believe that denial of claims for disability 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 the local veterans disability law firms' hospital or office sends them a denial to file an appeal.
A skilled veterans disability lawyer can help a veteran decide which of the three ways to appeal is most suitable for their case. They can also help an individual in assembling the evidence required to convince a higher-level reviewer the previous decision was not right. They can provide a veteran an extra formal hearing before a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a lot of experience handling VA disability claims, and they know the rules and procedure inside out. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that can sometimes enhance the outcome of a veterans disability case.
Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Contact us today to set up an evaluation for free.