10 Things People Hate About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to submitting an appeal of a denied 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 award disability benefits if it can be proven that your condition is linked to your military experience. This is referred to as a nexus. There are different types of evidence that you can use to show this connection, veterans Disability attorney such as medical records, independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but are not 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 claim and submit evidence that is backed by independent experts.

It is much easier to establish direct service connection for illnesses or injuries that occurred while you were in the military. If you've been injured while in the military and you now suffer from headaches or concussions, it's much easier to prove a direct service connection.

It is more difficult to be connected to a service if you have an existing condition that deteriorated while you were in military service. To prove that your time in service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that rises to the level of "clear and irrefutable" evidence.

Appealing to a Denial

After submitting an application and Veterans disability attorney providing medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA typically issues an approval or denial of benefits. If the decision is deemed unfavorable the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three review options - an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Make sure you consider whether they understand your military background and traditions of the armed forces. This can make the process more comfortable and reduce the need for you to explain your experiences and circumstances in plain English.

You also want a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of companies that will only assist you with the first stages of your claim and then disappear.

An experienced New York veterans' disability attorney can assist you at every stage of your claim including appeals. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you get your benefits, including monetary compensation, aid and attendance, education benefits or unemployed benefits.

How can I get a better rating

It is possible that your disability gets worse or your symptoms get more severe. In this case it's sensible to ask for a higher rating. A lawyer for veterans' disability can assist you in this procedure, and assist you in finding evidence to prove your claim.

It's not unusual for the VA to make mistakes that lead to an lower disability rating than you deserve. It's a good idea to hire an expert to examine your records for mistakes. They may have overlooked an injury or left out a problem which could be added to another disability to get an improved rating.

Even when it's been over one year since the initial rating decision, you still have the option of filing an additional review or claim. These include a review of your entire file which may result in modifications to your effective date and a new rating more accurate to your feelings.

It's also worth pursuing an additional claim or a higher-level review if you're arguing that you're entitled to a disability grade that is 100 percent or more. A disability lawyer can assist you to build a strong case for this rating which is only available for the most serious disabilities. For example the mental health issue could be a reason to get an 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization. These don't usually trigger this level of rating for cardiovascular condition or other medical problem.

Need Help with the Appeals Process

Contrary to what some may believe the denial of claims for disability by the VA isn't the end of an individual's chance to recover benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office sends them an unfavorable determination to file an appeal.

A skilled veterans disability lawyer can help a veteran determine which of the three current appeals routes is best for their case. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer that the previous decision was not right. They may also give a veteran an extra formal hearing front of a Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim requires. They also have a wealth of experience in handling VA disability claims, and they know the rules and procedures both inside and outside. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This creates a distinct type of empathy that can enhance the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us today to arrange your free evaluation.