11 Strategies To Completely Redesign Your Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal of an appeal denied.
Select a veteran disability lawyer who specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is established that your condition is directly related to your military service. This is referred to as a nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health examinations (IME), or nexus letter from current health care providers (especially in the situation of mental health conditions). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected due to missing or incomplete 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 by independent experts.
It is much easier to establish a direct connection when illnesses or injuries occurred during your time in the military. For instance, if you received a head injury during your time in service and you are suffering from concussions and headaches, there is a direct link between the two events and your current health condition.
However, it's more difficult to be connected if you suffer from a pre-existing medical condition that became worse while you were in the military. To prove that your service time caused or aggravated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing to a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA typically issues an approval or denial of benefits. If the decision is not in favor the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the applicant navigate the three possible review options which include a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing when choosing a New York veterans disability lawyer Take into consideration whether they can understand your military experience and military's culture. This will make the process more comfortable and eliminate the need for you to describe your experiences and circumstances in plain English.
You need a firm that will be working on your case through the lengthy appeals process. Be wary of companies that assist you in the initial stages of your claim, and then disappear.
An experienced New York veterans' disability attorney can help you with all stages of the claim, including appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist in obtaining you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or unemployment.
Getting a Higher Rating
There may be a point that your disability becomes more severe or your symptoms become more complicated or broad. In such a case it is sensible to request a higher rating. A veterans disability lawyer can assist you in this process, and can assist you in locating evidence to back your request.
It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. Whether they accidentally miss an injury that you suffer from or ignore a condition which could be linked to other disabilities to receive a higher rating It's worthwhile to have an expert review your records to spot any mistakes.
You may still file a higher-level claim and review if you've been rated for more than a calendar year. These include a review of your entire record, which may result in modifications to your effective date as well as the creation of a new rating that is more precise to your feelings.
If you believe you're entitled to a rating of 100 percent or higher, it's worth requesting a supplemental claim. A disability lawyer can assist you to make a convincing case for this rating, which is reserved only for the most debilitating disabilities. For example, a mental health condition could be a reason to get 100% disability ratings because it can cause marked disruption to your work or frequent periods of hospitalization that don't normally trigger this type of rating for cardiovascular illness or other medical issues.
Assistance with the Appeals Process
Contrary to what many believe contrary to what many may think, contrary to what some may believe, a VA denial of disability benefits does not mean that an individual is not eligible for benefits. In fact, a former military member is given one year from the date that their local veterans hospital or office mails them a negative decision to file an appeal.
An experienced veterans disability lawsuits disability lawyer can assist a veteran to determine which of the three appeals options is most appropriate for their particular situation. They can also assist veterans put all the evidence required to convince a higher level reviewer that their previous decision was not right. They may even be able to provide a veteran with a formal hearing before an veterans disability lawsuits Law Judge.
A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have extensive experience dealing with VA disability claims, and they are aware of the rules and procedures inside and out. Additionally, some lawyers 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 sometimes improve the outcomes of a veterans disability case.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine whether we can help you. Contact us today for an appointment for a free evaluation.