20 Great Tweets Of All Time 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 of an appeal denied.
Choose a veteran disability lawyer who is specialized in dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be proven that your condition is related to your military service. This is known as a nexus. There are a variety of evidence that you can prove this connection, including medical records, independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health issues). There are instances when veterans have medically determined disabilities, but are unable to be considered to be service-connected due insufficient or missing documents. These cases require the help 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 easier to prove an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you've been injured while in the military, and now suffer from headaches or concussions, it is easier to prove a direct service connection.
It is harder to get service-connected if you had an existing medical condition that was worsened during your military service. In order to prove that your time in service aggravated or made worse an existing condition you must provide a doctor's medical evidence that is at the level of "clear and irrefutable" proof.
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided medical proof. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has a year to submit a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three options for review that include a supplemental claim, higher-level review or a direct appeal to the Board of veterans disability lawsuit' Appeals.
Take note of whether the lawyer is familiar with your military experience and the military's culture when selecting a New York veterans' disability lawyer. This can make the process more enjoyable and less requiring you to explain your experience and circumstances in plain English.
You want a firm who will work on your case throughout the long appeals process. Beware of firms that only assist you in the initial phases of your case and then disappear.
A seasoned 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 so that your case will be dealt with in a fair manner. They can also help you obtain benefits like monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How do I obtain a higher rating
It could be that your disability gets worse or your symptoms get more severe. It is logical in this instance to seek an increase in the rating. A veteran disability lawyer can assist you with this process and help gather evidence to prove your claim.
It's not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. In the event that they fail to notice an injury or miss a condition that could be combined with other disabilities to earn an increase in rating It's worthwhile to have an expert look over your records to spot any mistakes.
Even even if it's been more than a year since your initial rating decision, you still can file an additional review or claim. These involve a full review of your file. It could result in an amendment to your effective date or an updated rating that is more in line with how you feel.
If you believe you're entitled to a rating of 100 percent or higher, consider applying for a supplemental claim. A disability attorney can help you create a convincing argument for this type of rating, which is reserved for very difficult to treat disabilities. For example, a mental health condition might qualify you for 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.
Assistance with the Appeals Process
Despite what some think that denying a disability claim by the VA is not the end of a person's chances to get benefits. In fact, a former soldier has a year from the date that their local veterans hospital or office sends them a denial to appeal.
A skilled veterans disability lawyer can assist a veteran in determining which of the three current appeals routes is best for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with an additional formal hearing front of a Veterans Law judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim requires. They also have a lot of experience in managing VA disability claims, and they understand the rules and procedures in detail. In addition, some attorneys are veterans disability lawsuits themselves, which means they understand the issues disabled veterans have to face. This can result in a unique kind of empathy that can help improve the outcome of an issue involving veterans' disability.
Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims for free to determine whether we can help you. Call us today to schedule an appointment for a free evaluation.