20 Fun Infographics About Veterans Disability Law

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 against a denied claim, a veteran disability lawyer can help you throughout the entire claims process.

Choose a veteran disability attorney that specializes in these cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's proven that your condition is directly related to your military service. This is referred to as a nexus. There are various types of evidence you could prove the connection, such as medical records and independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is supported by independent experts.

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

However, it's more difficult to get service connected if you suffer from a pre-existing medical condition that grew worse while you were in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".

Appealing to a Denial

The VA will review your application after you have submitted your application and provided medical proof. The VA will usually issue an opinion either approving or denial of benefits. If the decision is not favorable the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the applicant navigate the three review options including a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experiences and the traditions of the armed forces. This will make the process more enjoyable and reduce the need for you to talk about your experiences and situations in plain language.

You'll want a firm that will be working on your case throughout the lengthy appeals procedure. Beware of firms that assist you in the initial stages of your claim and then go away.

An experienced New York veterans' disability attorney can help you with every stage of your claim, including appeals. They can help you submit additional medical evidence and 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 financial compensations, aid and attendance benefits, education benefits, or unemployment.

How to get a higher rating

There might come a time when your disability gets worse or your symptoms become more complex or broader. In that situation it is sensible to seek an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to back your claim.

It's not uncommon for the VA make mistakes, resulting in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury you've suffered or overlook a problem that could be combined with other disabilities to earn a higher rating, it's worth having an expert look over your records to look for errors.

Even when it's been over one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This includes a review of your entire file, which may result in changes to the effective date of your claim and the creation of a new rating that is more precise to the feelings you have.

It's also worth seeking an additional claim or higher-level review if you believe you are entitled to a disability rating that is 100 percent or more. A disability lawyer can assist you to create a compelling case for this rating which is reserved for the most severe of disabilities. A mental health problem, for example, may allow you to receive a 100 percent disability rating, as it could hinder your employment or result in frequent hospitalizations that are not typically triggering this level for a cardiovascular problem or other medical conditions.

Helping with the Appeals Process

Contrary to what many believe the fact that contrary to what some may believe, a VA denial of disability benefits does not mean that the person has no chance of recovering benefits. Former service members have one year to appeal any decision that isn't favorable.

An experienced attorney for veterans can assist a vet in determining which of the three appeals options is the best option for his situation. They can also assist veterans disability lawsuit in obtaining the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have a wealth of experience in dealing with VA disability claims, and they are aware of the rules and procedures in detail. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can create a special kind of empathy that can improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim for Firms no cost to determine if we can assist you. Call us now to schedule your free assessment.