14 Misconceptions Common To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.

Select a veteran disability lawyer who specializes in these cases and is well-versed with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits only if you prove that the condition is connected to your military service. This is referred to as connection. There are different types of evidence that you could prove the connection, including medical records, independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but they cannot be considered to be service-connected due missing or incomplete documents. These cases require the help of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is confirmed by unbiased experts.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. For example, if you were hit in the head during service and now suffer headaches and concussions, there is a clear link between these events and your current health condition.

It is harder to get service-connected if there was a pre-existing condition that worsened during your military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denial

After submitting an application and submitting medical evidence after which the VA will review the application. It usually issues a ruling which either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A disability attorney for veterans can guide the claimant through the three review options - an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and culture of the armed forces. This can make things easier for you and lessen the necessity to explain your circumstances and experiences in layman's terms.

You also need a company that will work on your case for the entire multi-year appeals process. Be wary of companies that assist you in the initial stages of your case, only to then vanish.

A seasoned New York veterans disability lawyers' disability lawyer can assist you in every stage of your claim and appeals. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you win you benefits such as assistance, monetary compensations and education benefits, attendance benefits, or unemployment.

How can I get a better rating

There could be a point when your disability gets worse or your symptoms become more complex or broader. It is logical in this scenario to ask for an increase in rating. A veteran disability lawyer can help you in this process and help you gather evidence to back your claim.

It's not common for the VA to make mistakes that lead to a lower disability rating than you deserve. It's a good idea to hire an expert to look over your records for errors. They may have overlooked an injury or neglected to mention the issue that could be in conjunction with another disability to receive an increase in rating.

You can still file a higher-level claim and review if you've been evaluated for more than a calendar year. These include a review of your entire file which may result in changes to the effective date of your claim and an updated rating that is more true to your feelings.

It's also worth seeking an additional claim or a more thorough review if you believe you deserve a disability rating that is 100 percent or more. A disability lawyer can assist you in putting together a compelling argument for this kind of rating, which is reserved for extremely serious disabilities. A mental health condition like this one, for instance, may be a reason to get a 100% rating of disability because it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level for a cardiovascular issue or other medical condition.

Need help with the Appeals Process

Contrary to what some believe the fact that contrary to what some may believe, a VA denial of disability benefits does not mean that the person is in no position to claim benefits. In fact, a former servicemember has one year from the date the local veterans' hospital or office sends them a negative decision to appeal.

An experienced lawyer for veterans can help a veteran determine which of the three pathways for appealing would be best for their case. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even provide veterans with a formal hearing before an veterans disability law firms Law Judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have extensive experience in handling VA disability claims, and are familiar with the rules and procedure inside out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans face. This can lead to a particular type of empathy which can sometimes 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 schedule your free assessment.