5 Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system inside out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it is established that your condition is connected to your military service. This is called a nexus. You can make use of various types of evidence to prove this connection. These include medical documents, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but are unable to be considered service connected due to incomplete or omitted documents. These cases require the help of skilled 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 simpler to prove a direct service connection when illnesses or injuries were sustained while serving in the military. For instance, if were hit in the head in the course of your service and suffer headaches and concussions there is a strong connection between the two events and the current condition you are suffering from.

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

Appealing a denied application

The VA will review your case after you have submitted your application and provided medical proof. It usually issues a ruling that either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three review options that include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Be sure to think about whether they understand your military background and army's culture. This will make the process more relaxed and eliminate the need for you to talk about your experiences and circumstances in plain English.

You need a firm that will be working on your case throughout the long appeals process. Be wary of firms that help you with the initial stages of your claim and then disappear.

An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing and assist you at any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also assist you in obtaining you benefits such as financial compensations, aid and attendance benefits, education benefits, or unemployability.

Getting a Higher Rating

There might come a time where your disability gets more severe, or your symptoms get more difficult or wider. In this case it's logical to ask for an increase in your rating. A veterans disability lawyer can assist in that process, and can help you dig up evidence to justify your request.

It's not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. In the event that they fail to notice an injury or overlook a problem which could be linked to other disabilities to earn higher ratings It's worthwhile to have an expert review your records to identify any errors.

Even even if it's been more than one year since the initial rating decision, you still have the option of filing an additional review or claim. This includes a review of your entire dossier, which could result in changes to your effective date and the creation of a new rating that is more precise to the feelings you have.

If you believe that you are entitled to a rating of 100 percent or higher, you should consider applying for a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating that is reserved for the most severe of disabilities. A mental illness like this one, for instance, may be a reason to get a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or other medical issues.

Getting help with the Appeals Process

Contrary to what many people think, the denial of claims for disability by the VA is not the end of an individual's chances to collect benefits. Former veterans have one year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be most suitable for their case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer their previous decision was not correct. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim needs. They are also likely to have a vast experience dealing with VA disability claims and know the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans disability lawsuits have to face. This creates an unique type of empathy, which can improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Call us today to set up your free evaluation.