20 Things You Should Know About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can assist you through the entire claims process.

Choose a veterans disability attorney that is solely dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it's confirmed that your illness is linked to your military experience. This is referred to as a nexus. There are different types of evidence that you could demonstrate this connection, such as medical records as well as independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but they cannot be considered service-connected due to the absence of or insufficient documents. These cases require the help of experienced New York disability attorneys who know how to present an entire case and submit evidence backed by unbiased experts.

It is easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. If you have been injured in the military and you now suffer from headaches and concussions, it's easier to establish a direct connection to the service.

However, it is more difficult to get service connected if you have an existing medical condition that got worse while you were in the military. In order to prove that your time in military service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing an Denial

The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is not in favor the veteran is given one year to submit a Notice of Disagreement. A lawyer for veterans' disability can assist the claimant in navigating the three options for review including an additional claim, a more extensive review, or direct appeal to the Board of veterans disability lawyer' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can make it easier for you and reduce the need to describe your experiences and experiences in a layman's way.

You also want a firm who will continue to work on your case for the entire multi-year appeals process. Be wary about firms that assist you with the initial stages of your claim and then go away.

An experienced New York veterans disability lawyer' disability attorney can assist you at all phases of the claim and appeals. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win your benefits, like monetary compensation aid and attendance, educational benefits or unemployed benefits.

How do I obtain a higher rating

There could be a point when your disability becomes more serious, or your symptoms get broader or more challenging. In that case it's sensible to seek a higher rating. A veteran disability lawyer can help you in this process and help gather evidence to prove your claim.

It's not uncommon to see the VA make mistakes, resulting in being awarded a lower rating than what you deserve. Whether they accidentally miss an injury that you suffer from or miss a condition that could be combined with other disabilities to earn an improved rating It's worthwhile to have an expert look over your records to find any errors.

You may still file a higher-level claim or review if you've been given a rating for more than one calendar year. These include a review of your entire file, which could result in changes to your effective date, as well as a new rating that is more corresponding to your feelings.

It's also advisable to file an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate of 100 percent or greater. A disability lawyer can help you develop a compelling argument for this rating that is reserved for the most severe of disabilities. For instance an illness that is mental could qualify you for an 100% disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization. These don't typically trigger this kind of an assessment for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Contrary what some believe, an VA denial of disability benefits does not mean that an individual isn't eligible to receive benefits. Former military personnel have a year to appeal an outcome that is not favorable.

A skilled veterans disability attorney can assist a veteran to determine which of the current three appeal options is the best option for his case. They can also assist 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 Law Judge.

A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have extensive experience in managing VA disability claims, and they understand the rules and procedure inside out. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This can result in a unique kind of empathy that can help improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to schedule an evaluation for free.