An Easy-To-Follow Guide To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From gathering evidence of medical and other service to filing an appeal of a denied claim.

Choose a veteran disability lawyer who specializes in these cases and is well-versed with the VA system. 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 you are suffering from is a result of your military service. This is referred to as nexus. There are different types of evidence you could demonstrate this connection, Veterans Disability Lawyer including medical records or independent medical exams (IME), and the nexus letters of current healthcare providers or therapists (especially for Veterans Disability Lawyer mental health issues). There are instances when veterans have medically determined disabilities, but cannot be service connected because of insufficient or missing documents. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and provide evidence backed by impartial experts.

It is easier to prove the direct connection between your service and injuries or illnesses that occurred while in the military. For instance, if received a head injury while serving and are now suffering from concussions and headaches, there is a clear link between the two events and your current health condition.

It is harder to get connected to a service if you have an existing medical condition that was worsened while you were in military service. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to present medical evidence from an expert that is "clear and undeniable".

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A disability lawyer for veterans can help the claimant navigate the three decision review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences and the traditions of the armed forces when selecting a New York veterans' disability lawyer. This will make the process more relaxed and less demanding for you to explain your experience and circumstances in plain English.

You should also choose a firm who will remain on your case throughout the entire appeals process of several years. Beware of companies that will only assist you in the initial stages of your claim, and then disappear.

An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing and assist you in any Board meetings to ensure that your case is handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Earning a higher rating

There may be a point when your disability gets worse or your symptoms become more complex or broader. It is logical in this scenario to ask for an increase in rating. A lawyer for veterans can help with that process, and can help you find evidence to back your request.

It's not unusual to see the VA make mistakes, resulting in a lower rating than you deserve. It's worth getting a professional to check your records for any errors. They might have missed an injury or omitted an issue that could be in conjunction with another disability to receive a higher rating.

You are still able to make a higher-level claim, or review if you've been assessed for more than a calendar year. These involve a full review of your file and can result in a change to your effective date or a new rating that's more accurate to how you really feel.

It's also worth looking into an additional claim or higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or higher. An attorney for disability can help you create an argument that supports this kind of rating, that is reserved for those with debilitating disabilities. A mental illness such as depression, for instance, could make you eligible for a 100 percent disability rating, as it can hinder employment or cause frequent hospitalizations which do not normally trigger this level of severity for a heart problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what many people believe that denying an application for disability benefits by the VA is not the end of an individual's ability to receive 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 file an appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current appeals routes is most appropriate for their particular situation. They can also help a vet get all the evidence required to convince a higher-level reviewer that the previous decision was incorrect. They can also provide a veteran with an opportunity to have a formal hearing before a Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures inside and out. Some lawyers are veterans, so they know the challenges that disabled veterans face. This can lead to a particular kind of empathy that can improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to arrange your complimentary evaluation.