5 Killer Quora Answers On Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service evidence to filing an appeal against a claim that has been denied.
Choose a veterans disability attorney who is specialized in handling these cases and is aware of the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if they can prove that the condition is a result of your military service. This is known as a nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health exams (IME), or nexus letter from current health care providers (especially in the cases of mental health issues). There are times that veterans suffer from medically-determined disabilities, but cannot be considered to be service-connected due insufficient or missing documents. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by impartial experts.
It is easier to prove a direct connection if injuries or illnesses were sustained while serving in the military. If you were injured during your military service and now suffer from headaches or concussions, it's much easier to prove a direct service connection.
It is harder to get service-connected if you had a pre-existing condition that worsened during your military service. 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 to a Denial
After submitting an application and submitting medical evidence, the VA will review the application. The VA will typically issue a decision approving or denying benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veterans disability lawyer can assist the claimant through the three review options that 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 army's culture. This can make the process more comfortable and reduce the need for you to explain your experience and the circumstances in layman's terms.
You need a firm that will handle your case through the lengthy appeals procedure. Be wary of firms that assist you with the initial stages of your claim and then disappear.
An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Earning a higher rating
It could happen that your disability gets more severe or your symptoms become more severe. In this case, it makes sense to ask for a higher rating. A veterans disability lawyer can assist in that process, and can help you find evidence to back your request.
It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled. If they overlook an injury you've suffered or miss a condition that could be a combination of other disabilities in order to get an improved rating It's a good idea to have an expert look over your records to spot any mistakes.
You are still able to file a higher-level claim and review if you've been given a rating for more than one calendar year. These require a complete review of your file, and could result in a change to your effective date or a new rating that's more accurate to how you truly feel.
If you believe that you are entitled to an assessment of 100 percent or higher, it's worth requesting a supplemental claim. An attorney for disability can help you create a convincing argument for this type of rating which is reserved for very debilitating disabilities. A mental illness such as depression, for instance, could make you eligible for a 100% rating of disability because it could hinder your employment or cause frequent hospitalizations which don't normally trigger this level for a cardiovascular problem or other medical conditions.
Assistance with the Appeals Process
Despite what some people may think the denial of an appeal for disability by the VA isn't the end of an individual's chance to recover benefits. Former service members have one year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can help a veteran decide which of the three current appeals options is the best option for their situation. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer the previous decision was not right. They may even be able to provide veterans with 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 are able to give you the individual attention your claim needs. They also have a wealth of experience in dealing with VA disability claims, and they are aware of the rules and procedures inside and out. Some attorneys are veterans, so they know the challenges that disabled veterans face. This creates a unique kind of empathy that may help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us today to set up your free assessment.