10 Inspirational Graphics About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From gathering medical and service evidence to filing an appeal of a denied claim.
Select a veteran disability lawyer who is specialized in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you can prove that the condition you are suffering from is a result of your military service. This is called a linkage. There are a variety of evidence you could prove this connection, such as medical records and independent medical examinations (IME) and the nexus letters of current health professionals or attorneys therapists (especially for mental health conditions). There are times when veterans have medically determined disabilities, but are unable to be considered to be service-connected due insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.
It is simpler to prove a direct connection if injuries or illnesses were sustained while serving in the military. If you were injured in the military and you now suffer from headaches or concussions, it is easier to prove a direct service connection.
However, it is harder to get connected if you have a pre-existing medical condition that grew worse during your time in the military. In order to prove that your military service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision which either approves or denies benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disagreement. A disability lawyer for veterans can assist the applicant navigate the three decision review options that include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer Make sure you consider whether they understand your military background and culture of the armed forces. This will make it easier for you and reduce the need to explain your situations and experiences in a layman's way.
You want a company that will take on your case through the lengthy appeals procedure. Be wary about firms that assist you in the first stages of your claim, and then vanish.
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, ask for an official hearing and represent you in any Board meetings so that your case will be dealt with in a fair and fair manner. They can also help win you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or even unemployment.
How to get a higher rating
It may happen that your disability gets worse or your symptoms become more severe. In such a case it's logical to seek a higher rating. A veteran disability lawyer can assist you in this process and assist you to collect evidence to support your claim.
It's not unusual to see the VA to make mistakes that result in a lower rating than you deserve. It's recommended to consult an expert to review your records for any errors. They may have missed an injury or omitted a problem which could be coupled with another disability to get an increase in rating.
Even even if it's been more than a year since your initial rating decision, you have the option of filing an additional review or claim. These involve a full review of your file. It could result in changes to your effective date or a new rating that's more in line with how you feel.
It's also worth seeking an additional claim or a more thorough review if you believe you're entitled to a disability grade of 100 percent or higher. A disability lawyer can help you develop a compelling argument for attorneys this rating which is only available for the most debilitating disabilities. For example, a mental health condition could be a reason to get an absolute disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization. These don't normally trigger such a rating for a cardiovascular illness or other medical issues.
Need Help with the Appeals Process
Contrary what some believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that an individual is not eligible for benefits. In fact, a former veteran has one year from the date that their local veterans hospital or office mails them a decision that is not favorable to appeal.
An experienced veterans disability attorney can assist a vet in determining which of the current three options for appeal would be best for his situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can provide a veteran an opportunity to have a formal hearing before an Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention your claim requires. They are also likely to have extensive experience dealing with VA disability claims and know the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This can result in a unique kind of empathy that can improve the outcome of a veterans' disability case.
The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims for no cost to determine whether we can help you. Call us now to schedule your free assessment.