14 Misconceptions Common To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the claims process.

Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits when it can be established that your condition is connected to your military service. This is referred to as a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME), or an nexus note from current health care providers (especially in the cases of mental health issues). There are instances where veterans are diagnosed with medical disabilities, but are unable to be considered to be service-connected due incomplete or omitted records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is confirmed by experts who are impartial.

It is simpler to establish a direct service connection when illnesses or injuries were sustained while serving in the military. For instance, if received a head injury while serving and are now suffering headaches and concussions there is a clear connection between the events that led to your current condition.

However, it's harder to get connected if you suffer from an existing medical condition that became worse while you were in the military. In order to prove that your time in service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" proof.

Appealing a denied application

The VA will review your case after you have submitted your application and submitted medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is not in favor, the veteran has one year to make a notice of disagreement. A veterans disability attorney can assist the claimant through the three review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This will make the process more relaxed and eliminate the need for you to describe your experiences and circumstances in plain English.

You should also find a firm who will continue to work on your case for the entire multi-year appeals process. Be wary of companies that assist you in the first phases of your case and then go away.

An experienced New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also assist in obtaining you benefits, such as cash compensations, aid or attendance benefits, education benefits, or unemployability.

How can I get a better rating

There may come a time where your disability gets more severe, or your symptoms get more difficult or wider. In that situation it's sensible to ask for a higher rating. A veteran disability lawyer can help you with this process and assist you to gather evidence to prove your claim.

It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you're entitled. It's worth contacting an expert to look over your records for errors. They might have missed an injury or omitted an issue that could be added to another disability to earn a higher rating.

Even the fact that it's been more a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These can include a review of your entire file, that could lead to modifications to the effective date of your claim and a new rating that is more corresponding to your feelings.

It's also advisable to file an additional claim or higher-level review if you believe you're entitled to a disability grade of 100 percent or greater. An attorney for disability can help you develop an argument that is convincing for this type of rating that is reserved for those with difficult to treat disabilities. For instance an illness that is mental could be a reason to get a 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that don't normally trigger such the rating for a heart disease or other medical problems.

Help with the Appeals Process

Contrary to what many believe the fact that a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. In fact, a former military member has one year from the date that their local veterans hospital or office sends them a negative decision to appeal.

An experienced veterans disability attorney can help a vet determine which of the three options for appeal would be the most appropriate for his particular case. They can also assist with gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They may also give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention to your claim that you require. They are also likely to have extensive experience handling VA disability claims and are aware of the rules and procedures both inside and outside. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This can create a special type of empathy which can help improve the outcome of an appeal for veterans disability attorneys' disability.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine if we can help you. Call us today to schedule your free assessment.