Tips For Explaining Veterans Disability Law To Your Boss
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal against the denial of your claim.
Choose a veteran disability lawyer who is specialized in handling these cases and 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 award disability benefits if you prove that the condition is connected to your military service. This is known as a nexus. There are different types of evidence that you could prove this connection, including medical records as well as independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed up by independent experts.
It is easier to prove a direct service connection when illnesses or injuries were sustained while serving in the military. If you've been injured while in the military and now suffer from headaches and concussions, it is easier to prove a direct service connection.
However, it is more difficult to be connected if you suffer from an existing medical condition that became worse during your time in the military. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence from an expert that is "clear and undisputed".
Appealing a Denied Application
The VA will review your case after you have submitted your application and submitted medical evidence. The VA will usually issue an approval or denial of benefits. If the decision is not in favor the veteran has one year to make a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options - an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When deciding on the right New York Veterans disability law firms disability lawyer, be sure to consider whether they understand your military experience and the army's culture. This can make things easier for you to understand and reduce the need to explain your situations and experiences in layman's terms.
You want a company that will work on your case through the lengthy appeals procedure. Be wary of companies that help you with the initial stages of your case, only to then vanish.
An experienced New York veterans' disability attorney can assist you at all phases of the claim, including appeals. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you in any Board sessions to ensure that your case will be dealt with fairly. They can also assist you in obtaining you benefits, such as financial compensations, aid and attendance benefits, education benefits, or unemployedness.
Getting a Higher Rating
It is possible that your disability gets worse or your symptoms are more severe. It is logical in this scenario to ask for an increase in the rating. A lawyer for veterans can assist in that process, and they can help you find evidence to justify your request.
It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. It's a good idea to hire an expert to review your records for any errors. They might have missed an injury or missed any issue that could have been added to another condition to get an even higher rating.
Even if it's been more than one year since your initial rating decision, you have the option of filing an additional review or claim. These are a thorough examination of your dossier and may result in a change to your effective date or an updated rating that is more accurate to what you truly feel.
If you believe you deserve a rating of 100 percent or higher, consider making a claim for supplemental benefits. A disability attorney can help you develop an argument that is convincing for this type of rating which is reserved only for debilitating disabilities. A mental health condition for instance, might allow you to receive a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations that do not normally trigger this level of severity for a heart problem or any other medical condition.
Assistance with the Appeals Process
Despite what some people may believe that denying claims for disability by the VA isn't the end of a person's chances to receive benefits. In fact, a former soldier is given one year from the date their local veterans hospital or office sends them a denial to file an appeal.
An experienced lawyer for veterans can help a veteran determine which of the three appeals options is the best option for their situation. They can also help with gathering the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even provide veterans with a formal hearing before an Veterans Law Judge.
The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim demands. They also have years of experience handling VA disability claims and know the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates a unique kind of empathy that can make a difference in the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to set up your free evaluation.