The Best Way To Explain Veterans Disability Law To Your Boss

Veterans Disability Lawyers

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

Choose a veteran disability attorney who is specialized in these cases and is familiar 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 can be proven that your condition is related to your military service. This is referred to as linkage. You can make use of various types of evidence to prove this connection. These include medical records, independent health assessments (IME) or a an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). There are occasions when veterans have medically determinable disabilities, but they cannot be considered service connected due to insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire case and submit evidence backed by impartial experts.

It is simpler to establish a direct service connection if injuries or illnesses occurred while you were in the military. If you suffered injuries during your military service and now suffer from headaches or concussions, it is easier to prove a direct service connection.

However, it's more difficult to be connected if you have an existing medical condition that got worse when you were in the military. To prove that your service has aggravated or exacerbated a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and undisputed".

Appealing a denied application

After submitting an application and providing medical evidence after which the VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision is not favorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three options for review -- a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Be sure to think about whether they are familiar with your military background and army's culture. This can make it easier for you to understand and reduce the need to explain your situations and experiences in layman's language.

You want a company that will work on your case throughout the lengthy appeals procedure. Beware of firms that only help you with the initial phases of your case and then vanish.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you win you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployedness.

Earning a higher rating

It could be that your disability becomes worse or your symptoms are more severe. It is logical in this case to request a higher rating. A veterans disability attorneys disability lawyer can help with that procedure, and veterans disability lawyer assist you in locating evidence to justify your request.

It's not uncommon to see the VA to make errors, which could result in receiving a lower score than you deserve. If they overlook an injury you have or miss a condition that could be a combination of other disabilities in order to get an increase in rating It's a good idea to have an expert review your records to find any errors.

You are still able to file a higher-level claim and review if you have been evaluated for more than a calendar year. These include a review of your entire file which can result in changes to your effective date, as well as 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're entitled to a disability grade of 100 percent or more. A disability lawyer can help build a strong case for this rating that is reserved for the most serious disabilities. For instance mental health issues could qualify you for an absolute disability rating because it can cause a significant interruption to work or periods of hospitalization that do not normally trigger this type of an assessment for a cardiovascular disease or other medical problems.

Help with the Appeals Process

Contrary to what many believe, the fact that a VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former military member is given one year from the date that their local veterans hospital or office mails them a denial to file an appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most appropriate for their particular situation. They can also assist an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was not correct. They may also give a veteran a more formal hearing in 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 attention and care that your claim deserves. They are also likely to have extensive experience dealing with VA disability claims and understand the rules and procedures inside and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy that can sometimes improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to set up an appointment for a free evaluation.