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 proof to filing an appeal for a denied claim A veteran disability lawyer can help you throughout the claims process.

Choose a veteran disability lawyer who focuses their practice on dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits if you can prove that the condition you suffer from is connected to your military service. This is referred to as linkage. There are a variety of evidence that you can prove this connection, including medical records as well as independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are occasions when veterans have medically determinable disabilities, but they are not able to be considered to be service-connected due incomplete or omitted documents. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries which occurred while in the military. For instance, if you suffered head injuries in the course of your service and suffer headaches and concussions, there is a direct link between those events and your current condition.

However, it's more difficult to be connected if you have an existing medical condition that grew worse during your time in the military. 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 undeniable" proof.

Appealing a Denied Application

After submitting an application and submitting medical evidence, the VA will examine the case. The VA usually issues a decision approving or denying benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability attorney can guide the claimant through the three review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences as well as the culture of the armed services when choosing the New York veterans' disability lawyer. This can make it easier for you and decrease the necessity to explain your circumstances and experiences in layman's terms.

You also need a company that will continue to work on your case for the entire multi-year appeals process. Beware of firms that help you with the initial phases of your claim and then disappear.

A seasoned New York veterans' disability attorney can assist you at all stages of the claim including appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help win you benefits such as financial compensations, aid and attendance benefits, educational benefits, or unemployedness.

Earning a higher rating

It could happen that your disability becomes worse or your symptoms get more severe. It is logical in this instance to seek an increase in your rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to back your claim.

It's not common for the VA to make mistakes that lead to a lower disability rating than you're entitled to. Whether they accidentally miss an injury that you suffer from or overlook a problem that could be combined with other disabilities in order to get a higher rating it's important to have a professional look over your records to identify any mistakes.

Even if it's been more than one year since the initial rating decision, you still can file an additional review or claim. These include a review of your entire record, which could result in modifications to the effective date of your claim and a new rating that is more corresponding to the feelings you have.

If you think you're worthy of a rating of 100 percent or more, it's worth making a claim for supplemental benefits. A disability lawyer can assist you to develop a compelling argument for this rating that is reserved for the most debilitating disabilities. For veterans disability attorney example the mental health issue could qualify you for 100% disability ratings because it could cause significant disruption to your work or frequent periods of hospitalization that don't normally trigger such rating for cardiovascular disease or other medical issue.

Help with the Appeals Process

Contrary to what some believe Contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. In fact, a former servicemember is given one year from the date that their local veterans hospital or office mails them a denial to file an appeal.

A skilled veterans disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be best for their case. They can also help veterans gather the evidence together needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They are also likely to have extensive experience handling VA disability claims and understand the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This creates a unique kind of empathy that may help improve the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Contact us now to schedule your complimentary evaluation.