14 Questions You Shouldn t Be Uneasy To Ask Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can help you through the entire claims process.
Choose a veteran disability attorney who is specialized in these types of cases and is familiar 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 confirmed that your illness is connected to your military service. This is referred to as a nexus. There are many types of evidence you can prove the connection, including medical records or independent medical exams (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are occasions where veterans are diagnosed with medical disabilities, but they are not able to be service connected because of incomplete or omitted records. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and present evidence that is confirmed by independent experts.
It is simpler to establish a direct connection if injuries or illnesses were sustained while serving in the military. If you have been injured in the military and you now suffer from headaches and Firm concussions, it's easier to prove a direct service connection.
It is difficult to be connected to the military if you suffered from an existing condition that got worse while you were in military service. To prove that your service time aggravated or worsened a pre-existing condition, you will need to present medical evidence from an expert that is "clear and irrefutable".
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA will usually issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran has one year to make a formal complaint. A veteran's disability attorney can guide the claimant through the three decision review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience and the military's culture when selecting the New York veterans' disability lawyer. This will help you feel more comfortable and less requiring you to explain your experiences and situations in plain language.
You also want a firm that will continue to work on your case for the entire multi-year appeals process. Beware of firms that only help you with the initial stages of your claim and then vanish.
An experienced New York veterans' disability attorney can help you with all stages of the claim, including appeals. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
How can you get a better rating
It could happen that your disability gets worse or your symptoms become more severe. In such a case it's logical to request an increase in your rating. A lawyer for veterans can help with that process, and they can assist you in locating evidence to support your request.
It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you deserve. It's worth getting an expert to review your records for mistakes. They may have overlooked an injury or neglected to mention an issue that could be added to another disability to earn an improved rating.
You may still submit a higher-level claim or review if you have been given a rating for more than one calendar year. This includes a review of your entire file, which could result in modifications to the effective date of your claim and the creation of a new rating that is more precise to what you feel.
It's also worth pursuing an additional claim or a more thorough review if you deserve a disability rating of 100 percent or greater. A disability lawyer can assist you to make a convincing case for this rating, which is reserved only for the most serious disabilities. A mental health problem like this one, for instance, may qualify you for a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or other medical issues.
Help with the Appeals Process
Contrary what some believe the fact that an VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. Former military personnel have a year to appeal a decision that is not favorable.
An experienced veteran disability attorney can assist a vet in determining which of the three pathways for appeal would be the most appropriate for his particular case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can provide a veteran an additional formal hearing before an Veterans Law judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim deserves. They also have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures from top to bottom. Additionally, some attorneys are veterans disability law firm themselves, which means that they understand the challenges that disabled veterans face. This creates a unique type of empathy that can sometimes enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Call us now to schedule your free assessment.