14 Questions You re Afraid To Ask About Veterans Disability Law
veterans disability lawsuits Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From gathering medical and service evidence to filing an appeal against a claim that has been denied.
Choose a veterans disability attorney (please click the next post) who limits their practice to dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it can be established that your condition is related to your military service. This is referred to as a relationship. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the situation of mental health conditions). There are occasions when veterans disability lawyer have medically determinable disabilities, but are unable to be service connected because of incomplete or omitted records. These cases require the help of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is confirmed by experts who are impartial.
It is much easier to prove direct service connection for injuries or illnesses which occurred while in the military. If you were injured in the military and now suffer from headaches or concussions, it is easier to prove a direct service connection.
It is more difficult to be connected to a service if you have an existing condition that got worse while you were in military service. In order to prove that your time in service aggravated or made worse an existing condition You must present expert medical evidence that reaches the level of "clear and undeniable" proof.
Appealing a Denied Application
After submitting an application and providing medical evidence The VA will examine the case. The VA will usually issue an approval or denial of benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disparagement. A veterans disability attorney can assist the claimant through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience as well as the culture of the armed services when selecting the New York veterans' disability lawyer. This can make things easier for you and decrease the need to explain your situations and experiences in layman's.
You also need a company who will remain on your case for the entire appeals process of several years. Beware of firms that only assist you in the first stages of your claim, and then go away.
An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help win you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.
Receiving a Better Rating
It is possible that your disability gets worse or your symptoms become more severe. It is logical in this instance to seek an increase in rating. A veteran disability lawyer can help you in this process and assist you to 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 getting a professional to check your records for any errors. They may have missed an injury or missed the issue that could be added to another disability to get a higher rating.
Even if it's been more than one year since the initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your file, and could result in an amendment to your effective date or a new rating that's more accurate to what you really feel.
It's also worth pursuing a supplemental claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or more. A disability attorney can help you develop an argument that supports this type of rating that is reserved for those with difficult to treat disabilities. For instance, a mental health condition might qualify you for a 100% disability rating because it can cause marked interference with employment or frequent periods of hospitalization. These don't normally trigger such rating for cardiovascular disease or other medical issue.
Getting help with the Appeals Process
Contrary to what some believe, an VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. Former veterans have one year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can help a vet determine which of the three appeal options would be best for his situation. They can also help with gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They may also give a veteran an additional formal hearing before a Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They also have a vast experience dealing with VA disability claims, and they know the rules and procedures both inside and outside. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates an unique type of empathy that may make a difference in the outcome of a case involving a disabled veteran.
Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for no cost to determine if we are able to help you. Call us today to arrange your complimentary evaluation.