5 Killer Quora Answers On Veterans Disability Law

Veterans disability (inprokorea.com) Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.

Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with 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 grant disability benefits only if you prove that the condition you suffer from is connected to your military service. This is referred to as a connection. There are many types of evidence you can prove the connection, such as medical records as well as independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by impartial experts.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries that you sustained while in the military. If you have been injured in the military and now suffer from headaches or concussions it is much easier to prove a direct service connection.

It is more difficult to be connected to a service if you have a pre-existing condition that worsened while you were in military service. To prove that your service has aggravated or worsened a pre-existing illness, you must supply expert medical evidence that is at the level of "clear and irrefutable" proof.

Appealing to a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It typically issues a decision that either approves or denies benefits. If the decision is not in favor the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three review options which include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Make sure you consider whether they can understand your military experience and the army's culture. This will make it easier for you and lessen the requirement to explain your situation and experiences in layman's.

You should also find a firm that will work on your case throughout the entire appeals process of several years. Beware of companies that will only help you with the initial stages of your case, and then disappear.

A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit additional medical evidence, request an official hearing, and represent you in any Board meetings so that your case will be handled in a fair manner. They can also help you obtain benefits like monetary compensation aid and attendance, education benefits or unemployment benefits.

Getting a Higher Rating

There may come a time that your disability becomes more severe, or your symptoms get more complicated or broad. It is logical in this case to request an increase in the rating. A veterans disability lawyer can assist in that process, and help you find evidence to prove your claim.

It's not unusual for the VA to make mistakes that result in receiving a lower score than you deserve. It's a good idea to hire an expert to examine your records for errors. They may have overlooked an injury or omitted the issue that could be coupled with another disability to receive an even higher rating.

You are still able to file a higher-level claim or review if you have been assessed for more than a calendar year. These can include a review of your entire file which could result in changes to your effective date and a new rating more accurate to your feelings.

If you believe you deserve a rating of 100 percent or higher, it's worth applying for a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating, which is reserved only for the most severe of disabilities. For instance the mental health issue could be a reason to get a 100% disability rating due to the fact that it causes significant 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 problems.

Help with the Appeals Process

Despite what some people may think that denial of a disability claim by the VA is not the end of an individual's chance to collect benefits. Former service members have one year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current pathways for appealing would be the best option for their situation. They can also help an individual vet put all the evidence required to convince a higher-level reviewer that their previous decision was not correct. They may also give a veteran an opportunity to have a 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 can give you the individual attention your claim demands. They are also likely to have a vast experience dealing with VA disability claims and understand the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a unique type of empathy that may make a difference in the outcome of a veterans disability law firm disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Contact us today to schedule an evaluation for free.