10 Misconceptions Your Boss Has Concerning Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to submitting an appeal of the denial of your claim.
Choose a veterans disability attorney who is specialized in dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be proven that your condition is connected to your military service. This is known as a "nexus. There are a variety of evidence you could prove this connection, such as medical records and independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are times when veterans have medically determined disabilities, but they cannot be considered service-connected due to incomplete or omitted records. These cases require the help of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is backed up by independent experts.
It is simpler to prove direct service connection for injuries or illnesses that occurred while you were in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it's much easier to prove a direct service connection.
However, it is more difficult to get service connected if you suffer from an existing medical condition that worsened while in the military. To prove that your service time aggravated or worsened a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually issues a ruling that either approves or denies benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can guide the claimant through the three decision review options: an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawsuits disability lawyer Make sure you consider whether they have a good understanding of your military experiences and the army's culture. This will make the process more relaxed and reduce the need for you to explain your experience and situations in plain language.
You need a firm that will be working on your case through the lengthy appeals process. Beware of firms who only assist you with the first stages of your case, and then vanish.
An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing, and also represent you at any Board meetings so that your case will be dealt with without prejudice. They can also assist in obtaining you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.
How can I get a better rating
It is possible that your disability gets worse or your symptoms get more severe. It makes sense in this scenario to ask for a higher rating. A veterans disability lawyer can help with that process, and can assist you in locating evidence to back your request.
It's not uncommon for the VA to make mistakes that 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 errors. They may have missed an injury or left out a problem which could be added to another disability to earn an increase in rating.
Even even if it's been more than one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These require a complete review of your file. It could result in an amendment to your effective date or a new rating that's more accurate to how you truly feel.
It's also worth seeking an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade that is 100 percent or more. A disability lawyer can help you put together an argument that is convincing for this type of rating that is reserved for those with debilitating disabilities. For instance mental health issues could be a reason to get an 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization. These don't usually trigger this level of a rating for a cardiovascular disease or other medical problems.
Getting Help with the Appeals Process
Contrary what some believe contrary to what many may think, a VA denial of disability benefits does not mean that an individual is not eligible for benefits. Former military personnel have a year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can assist a vet in determining which of the three pathways for appeal is best for his particular case. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer the previous decision was not right. They can give a veteran an additional formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have extensive experience in dealing with VA disability claims, and they are aware of the rules and procedure inside out. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans disability law firm have to face. This can result in a unique kind of empathy that can improve the outcome of an issue involving veterans' disability.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us today to schedule an appointment for a free evaluation.