Do You Know How To Explain Veterans Disability Law To Your Boss
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claims process.
Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA system from head to toe. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it's proved that your condition is linked to your military experience. This is referred to as nexus. There are different types of evidence you could use to show this connection, including medical records and independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are times that veterans suffer from medically-determined disabilities, but cannot be considered service connected due to the absence of or insufficient documents. These cases require the assistance of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is confirmed by unbiased experts.
It is much easier to prove direct service connection for illnesses or injuries which occurred while in the military. For instance, if were struck in the head during service and now suffer headaches and concussions there is a clear connection between the events that led to your current condition.
It is more difficult to be connected to a service if you have an existing condition that deteriorated while you were in military service. To prove that your service time aggravated or worsened a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing an Denial
The VA will review your case after you have submitted your application and submitted medical evidence. The VA will typically issue the decision of approving or disapproving benefits. If the decision is not in favor the veteran is given one year to make a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant through the three options for review that include a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the culture of the armed services when choosing a New York veterans' disability lawyer. This will make the process more enjoyable and reduce the need for you to describe your experiences and situations in layman's terms.
You should also find a firm that will continue to work on your case for the entire appeals process of several years. Beware of firms that only assist you in the initial phases of your case and then go away.
A seasoned New York veterans disability lawyers disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also assist in obtaining you benefits such as financial compensations, aid and education benefits, attendance benefits, or unemployment.
How do I obtain a higher rating
It may happen that your disability gets more severe or your symptoms become more severe. It makes sense in this instance to seek a higher rating. A veteran disability lawyer can help you in this process and help gather evidence to back your claim.
It's not uncommon to see the VA to make errors, which could result in an under-rated rating than you deserve. If they miss an injury you've suffered or overlook a problem that could be a combination of other disabilities in order to get a higher rating, it's worth having an expert look over your records to look for errors.
You are still able to submit a higher-level claim or review if you've been assessed for more than a calendar year. These include a review of your entire dossier, which can result in changes to the effective date of your claim and a new rating more accurate to the feelings you have.
If you think you're worthy of a rating of 100 percent or higher, it's worth seeking a supplemental claim. A disability attorney can help you put together an argument that is convincing for this type of rating which is reserved only for serious disabilities. A mental health condition, for example, may make you eligible for a 100 percentage disability rating since it can hinder employment or cause frequent hospitalizations that are not typically triggering this level for a heart problem or other medical issues.
Assistance with the Appeals Process
Despite what some think that denying claims for disability by the VA isn't the end of a person's chances to recover benefits. In fact, a former servicemember is given one year from the date the local veterans' hospital or office mails them a denial to file an appeal.
An experienced veteran disability attorney can assist a vet in determining which of the current three appeals options is the best option for his situation. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer that the previous decision was not right. They can give a veteran a more formal hearing in front of a Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim deserves. They will also have extensive experience in dealing with VA disability claims, and they know the rules and procedures inside and out. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This can create a distinct kind of empathy that can help improve the outcome of an appeal for veterans' disability.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for free to determine whether we can help you. Contact us today to arrange your free evaluation.