20 Resources That ll Make You Better At Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal of a claim that has been denied.

Choose a lawyer for veterans who limits their practice to 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 approve disability benefits only if you prove that the condition you are suffering from is a result of your military service. This is referred to as nexus. You can use a variety of evidence to prove the connection. These include medical records, independent health examinations (IME), or an nexus letter from your current healthcare providers (especially in the case of mental health problems). There are times where veterans are diagnosed with medical disabilities, but they are not able to be considered service-connected due to insufficient or missing documents. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and submit evidence backed by impartial experts.

It is simpler to prove a direct service connection if injuries or illnesses were sustained while serving in the military. For instance, if suffered head injuries while serving and are now suffering headaches and concussions there is a clear link between these events and your current condition.

However, it is harder to get connected if you have a pre-existing medical condition that became worse during your time in the military. To prove that your time in the military caused or aggravated a pre-existing condition, you'll need to present medical evidence that is "clear and undeniable".

Appealing a denied application

The VA will review your application after you have submitted your application and provided medical evidence. It usually makes a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has a year to make a formal complaint. A disability lawyer for veterans can help the claimant navigate the three possible review options which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer, be sure to consider whether they can understand your military background and culture of the armed forces. This will help you feel more comfortable and less requiring you to explain your experience and situations in plain language.

You also need a company that will work on your case throughout the entire appeals process of several years. Beware of firms who only help you with the initial phases of your claim and then go away.

An experienced New York veterans' disability lawyer can assist you in every stage of your 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 handled fairly. They can also help you get your benefits, like monetary compensation aid and attendance, education benefits or unemployability benefits.

Getting a Higher Rating

It could be that your disability becomes more severe or your symptoms become more severe. In that case it's logical to request an increase in your rating. A veteran disability lawyer can help you with this process and help you gather evidence to support your claim.

It's not unusual to see the VA to make errors, which could result in an under-rated rating than you deserve. It's worth contacting an expert to review your records for any errors. They may have overlooked an injury or missed any issue that could have been coupled with another disability to receive an increase in rating.

Even if it's been more than one year since your initial rating decision, you can file an additional review or claim. These are a thorough examination of your file. It could result in a change to your effective date or a new rating that's more accurate to how you feel.

It's also advisable to file an additional claim or a higher-level review if you believe you're entitled to a disability rate that is 100 percent or more. A disability attorney can assist you in putting together a convincing argument for this type of rating which is reserved for extremely difficult to treat disabilities. A mental health problem, for example, may be a reason to get a 100 percentage disability rating since it can interfere with employment or cause frequent hospitalizations which would not normally trigger this level for a heart problem or other medical issues.

Assistance with the Appeals Process

Contrary to what many people believe that denial of a disability claim by the VA isn't the end of a person's chances to collect benefits. Former service members have one year to appeal any decision that isn't favorable.

An experienced lawyer for veterans can help a veteran determine which of the three current appeals options is most suitable for their case. They can also assist with gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They may even be able to provide a veteran with a formal hearing before an veterans disability lawyers Law Judge.

A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have a wealth of experience in handling VA disability claims and know the rules and procedures in and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can create a special type of empathy which can help improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today to arrange an appointment for a free evaluation.