9 Signs That You re The Veterans Disability Law Expert

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against the denial of your claim.

Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside out. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you can prove that the condition is connected to your military service. This is referred to as a nexus. There are a variety of evidence you could prove the connection, such as medical records, independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.

It is easier to establish a direct connection when illnesses or injuries occurred while you were in the military. If you suffered injuries in the military and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.

However, it is more difficult to get service connected if you have a pre-existing medical condition that got worse while you were in the military. In order to prove that your time in service aggravated or made worse an existing medical condition, you must supply expert medical evidence that is at the level of "clear and undeniable" proof.

Appealing a denied application

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the application. It usually issues a ruling which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences and the tradition of the armed services when choosing the New York veterans' disability lawyer. This can make it easier for you and lessen the requirement to explain your situation and experiences in a layman's way.

You also want a firm that will work on your case throughout the duration of the appeals process over a period of years. Be wary of firms that help you with the initial stages of your claim and then go away.

A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, request an official hearing, and represent you at any Board meetings to ensure your case will be handled without prejudice. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or unemployability.

Getting a Higher Rating

There may be a point when your disability gets worse, or your symptoms get more difficult or wider. It is logical in this situation to ask for a higher rating. A veterans disability lawyer can assist you in this process, and can help you find evidence to justify your request.

It's not unusual to see the VA make mistakes, which can result in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to review your records for any errors. They might have missed an injury or omitted any issue that could have been in conjunction with another disability to earn an even higher rating.

You can still submit a higher-level claim or review if you have been evaluated for more than a calendar year. This involves a thorough review of your dossier and may result in the change of your effective date or an entirely new rating that's more accurate to how you really feel.

It's also worth pursuing a supplemental claim or higher-level review if you're entitled to a disability grade of 100 percent or higher. A disability attorney can help you put together a convincing argument for this type of rating, which is reserved for extremely severe disabilities. A mental illness for instance, might allow you to receive a 100 percentage disability rating since it could hinder your employment or cause frequent hospitalizations which are not typically triggering this level of a cardiovascular problem or other medical issues.

Need help with the Appeals Process

Contrary to what some may believe the fact that contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former military member has a year from the date the local veterans' hospital or office sends them a negative decision to file an appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options would be best for his situation. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim requires. They also have a wealth of experience dealing with VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some lawyers are veterans disability lawsuit themselves, which means that they understand the challenges disabled veterans face. This creates a unique type of empathy, which can enhance the outcome of a disability claim for veterans.

The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claims for free to determine if we are able to assist you. Contact us today to arrange your free assessment.