10 Beautiful Graphics About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Select a veteran disability attorney who specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be proven that your condition is directly related to your military service. This is known as a relationship. There are many types of evidence that you could demonstrate this connection, including medical records, independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are occasions when veterans have medically determinable disabilities, but are unable to be considered service-connected due to insufficient or missing 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 backed by unbiased experts.
It is much easier to establish a direct service connection when injuries or illnesses occurred while you served in the military. For instance, if you were hit in the head during service and now suffer from concussions and headaches, there is a strong connection between the two events and your current condition.
However, it is more difficult to get connected if you have an existing medical condition that got worse when you were in the military. In order to prove that your service has aggravated or worsened an existing medical condition You must present expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a Denial
After submitting an application and providing medical evidence The VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant through the three decision review options which include an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer Make sure you consider whether they can understand your military experience and the culture of the armed forces. This can make the process more relaxed and less demanding for you to explain your experiences and the circumstances in layman's terms.
You should also choose a firm that will work on your case for the entire duration of your appeal. Beware of firms who only help you with the initial stages of your claim, and then go away.
An experienced New York veterans' disability attorney can assist you at all phases of the claim and appeals. They can help you submit more medical evidence, ask for an official hearing, and also represent you in any Board sessions to ensure that your case will be handled without prejudice. They can also help you obtain benefits like monetary compensation aid and attendance, education benefits or unemployment benefits.
Receiving a Better Rating
There might come a time when your disability gets worse or your symptoms become more difficult or wider. It makes sense in this scenario to ask for an increase in your rating. A lawyer for veterans' disability can assist in that procedure, and assist you in finding evidence to back your request.
It's not unusual for the VA make mistakes, which can result in a lower rating than you deserve. It's worth getting a professional to check your records for mistakes. They could have missed an injury or left out the issue that could be coupled with another disability to receive an even higher rating.
Even when it's been over one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These can include a review of your entire file, which may result in changes to your effective date and an updated rating that is more true to your personal feelings.
If you believe you're entitled to a rating of 100 percent, or higher, it's worth applying for a supplemental claim. A disability lawyer can help build a strong case for this rating, which is reserved only for the most severe of disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percentage disability rating since it could affect your job or cause frequent hospitalizations that don't normally trigger this level of a cardiovascular issue or other medical condition.
Assistance with the Appeals Process
Despite what some people may believe, the denial of a disability claim by the VA is not the end of an individual's ability to receive benefits. In fact, a former servicemember is given one year from the date that their local veterans hospital or office mails them a denial to appeal.
A skilled veterans disability attorney can assist a veteran to determine which of the current three appeals options is the best option for his particular case. They can also assist veterans disability law firms in obtaining the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can even provide veterans with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a lot of experience handling VA disability claims, and they are aware of the rules and procedure in detail. Additionally, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This creates a distinct type of empathy that can make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can help you. Contact us now to schedule your complimentary evaluation.