Indisputable Proof Of The Need For 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 on a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Choose a veteran disability lawyer who limits their practice to handling these cases and is aware of the VA system from head to toe. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is established that your condition is related to your military service. This is known as a relationship. There are various types of evidence you can demonstrate this connection, including medical records and independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are times when veterans have medically determined disabilities, but cannot be service connected because of incomplete or omitted records. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed by independent experts.
It is much easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For veterans disability lawyer example, if you received a head injury during service and now suffer headaches and concussions, there is a clear connection between these events and your current condition.
It is a lot more difficult to become connected to a service if you have an existing condition that got worse during your military service. In order to prove that your time in service has aggravated or worsened an existing condition You must present expert medical evidence that is at the level of "clear and irrefutable" proof.
Appealing an Denial
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will examine the case. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran has a year to make a formal complaint. A lawyer for veterans' disability can assist the claimant in navigating the three possible review options which include an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.
When selecting when choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experiences and the traditions of the armed forces. This will make the process more enjoyable and eliminate the need for you to explain your experiences and circumstances in plain English.
You also want a firm who will remain on your case for the duration of the appeals process over a period of years. Beware of firms who only help you with the initial stages of your case, and then disappear.
An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also assist in obtaining you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or even unemployment.
How can you get a better rating
It is possible that your disability gets worse or your symptoms are more severe. It makes sense in this scenario to ask for an increase in rating. A veterans disability lawyer can assist in that procedure, and assist you in finding evidence to back your request.
It's not uncommon for the VA to make errors, which could result in a lower rating than you deserve. In the event that they fail to notice an injury that you suffer from or ignore a condition that could be a combination of other disabilities to receive higher ratings It's a good idea to have an expert review your records to look for mistakes.
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. These are a thorough examination of your file and can result in the change of your effective date or an updated rating that is more in line with how you really feel.
It's also worth seeking an additional claim or higher-level review if you are entitled to a disability rating of 100 percent or greater. A disability attorney can assist you in putting together an argument that is convincing for this type of rating which is reserved for extremely difficult to treat disabilities. For instance mental health issues could qualify you for an 100% disability rating because it can cause a significant interruption to work or periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.
Need Help with the Appeals Process
Despite what some think, the denial of an application for disability benefits by the VA isn't the end of an individual's chances to recover benefits. In fact, a former soldier is given one year from the date that the local veteran's hospital or office sends them an unfavorable determination to file an appeal.
A skilled veteran disability lawyer can help a veteran determine which of the three pathways for appealing would be most suitable for their case. They can also assist an individual vet put all the evidence required to convince a higher level reviewer that their previous decision was not correct. They can even assist a veteran with a formal hearing before an Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim demands. They also have a wealth of experience in handling VA disability claims and understand the rules and procedures both inside and outside. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates an unique type of empathy that can sometimes help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today to arrange an evaluation for free.