10 Things Everyone Hates About Veterans Disability Law

madison veterans disability lawyer Disability Lawyers

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

Choose a veteran disability lawyer that specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if it is confirmed that your illness is related to your military service. This is called a nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but they are not able to be service connected because of insufficient or missing documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by impartial experts.

It is much easier to prove that there is a direct connection to your service for injuries or illnesses that occurred while in the military. If you were injured during your military service and now suffer from headaches and concussions, it's much easier to prove a direct service connection.

It is more difficult to be connected to the military if you suffered from an existing condition that deteriorated while you were in military service. To prove that your time in the military 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 undisputed".

Appealing a denied application

After filing an application and submitting medical evidence, the VA will review the application. The VA typically issues the decision of approving or disapproving benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disparagement. A disability attorney for erie veterans disability attorney can help the claimant navigate through the three review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.

When choosing the right New York Twin falls veterans disability law Firm disability lawyer, be sure to consider whether they are familiar with your military experiences and the traditions of the armed forces. This can make the process more enjoyable and less demanding for you to explain your experience and circumstances in plain English.

You also need a company that will work on your case for the entire multi-year appeals process. Be wary of firms that only assist you with the first stages of your claim and then disappear.

A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing and assist you in any Board sessions to ensure that your case will be handled without prejudice. They can also help win you benefits like assistance, monetary compensations and attendance benefits, education benefits, or unemployedness.

Earning a higher rating

There could be a point when your disability gets worse, or your symptoms get more complicated or broad. It is logical in this case to request an increase in your rating. A veteran disability lawyer can help you in this process and help you gather evidence to back your claim.

It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you deserve. If they overlook an injury you've suffered or overlook a problem which could be linked to other disabilities in order to get a higher rating it's important to have an expert review your records to find any errors.

Even the fact that it's been more one year since you made your initial rating decision, you still can file an additional review or claim. These require a complete review of your file. It could result in changes to your effective date or an updated rating that is more accurate to how you truly feel.

It's also worth looking into a supplemental claim or higher-level review if you're arguing that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can assist you to develop a compelling argument for this rating that is reserved for the most serious disabilities. A mental illness, for example, may qualify you for a 100 percentage disability rating since it could affect your job or cause frequent hospitalizations that don't normally trigger this level of severity for a heart problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what some believe the fact that a VA denial of disability benefits doesn't mean that a person is not eligible for benefits. In fact, a former veteran has a year from the date that their local veterans hospital or office sends them a denial to file an appeal.

An experienced attorney for veterans can assist a vet in determining which of the current three pathways for appeal is best for his particular case. They can also assist an individual vet put the evidence they need to convince a higher level reviewer that their previous decision was not right. They may even be able to provide a veteran with a formal hearing before an Veterans Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim demands. They also have a lot of experience managing VA disability claims, and they understand the rules and procedure in detail. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This can result in a unique type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.

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