10 Things People Hate About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From collecting medical and Veterans Disability Attorney service evidence to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the claims process.

Select a veteran disability lawyer that specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition you have is connected to your military service. This is known as a "nexus. There are different types of evidence you could prove this connection, such as medical records as well as independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered service connected due to missing or incomplete records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence that is backed by independent experts.

It is simpler to prove a direct connection when illnesses or injuries occurred while you served in the military. For instance, if you received a head injury during service and now suffer from concussions and headaches, there is a clear link between the two events and your current condition.

It is more difficult to be service-connected if there was a pre-existing condition that worsened while you were in military service. To prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that rises to the level of "clear and irrefutable" evidence.

Appealing a Denied Application

The VA will review your application after you have submitted your application and provided medical proof. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given a year to file a notice of disagreement. A disability attorney for veterans can guide the claimant through the three review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience and the military's culture when selecting a New York veterans' disability lawyer. This can make it easier for you and reduce the need to explain your situations and experiences in layman's language.

You should also find a firm that will continue to work on your case throughout the entire duration of your appeal. Beware of firms who only assist you in the initial stages of your claim and then go away.

An experienced New York veterans disability lawyer disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you at any Board meetings to ensure that your case is handled fairly. They can also assist you to obtain benefits like monetary compensation, aid and attendance, education benefits or unemployability benefits.

How can you get a better rating

There might come a time when your disability gets worse, or your symptoms get more complex or broader. In that situation it's sensible to request a higher rating. A veteran disability lawyer can help you with this process and help gather evidence to support your claim.

It's not uncommon to see the VA to make errors, which could result in receiving a lower score than you deserve. Whether they accidentally miss an injury you have or miss a condition which could be linked to other disabilities to get an increase in rating, it's worth having an expert look over your records to spot any errors.

Even the fact that it's been more a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This could include a thorough review of your entire record, which could result in changes to your effective date as well as an updated rating that is more true to the feelings you have.

It's also worth looking into an additional claim or higher-level review if you're arguing that you are entitled to a disability rating of 100 percent or more. An attorney for disability can help you create an argument that is convincing for this type of rating which is reserved for very serious disabilities. A mental health problem for instance, might qualify you for a 100% rating of disability because it could affect your job or trigger frequent hospitalizations that do not normally trigger this level of a cardiovascular problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what some may believe, an VA denial of disability benefits does not mean that an individual has no chance of recovering benefits. In fact, a former servicemember has a year from the date the local veterans disability attorneys' hospital or office mails them an unfavorable determination to appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options would be the most appropriate for his particular situation. They can also help a vet get the evidence they need to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an extra formal hearing before an Veterans Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim deserves. They also have a lot of experience in handling VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a distinct type of empathy that can make a difference in the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can help you. Call us today to set up an appointment for a free evaluation.