14 Questions You Might Be Insecure To Ask About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.
Choose a veterans disability attorney that is solely 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 only if you prove that the condition you are suffering from is related to your military service. This is referred to as a linkage. There are different types of evidence that you can demonstrate this connection, such as medical records, independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health issues). There are times that veterans suffer from medically-determined disabilities, but they cannot be considered service-connected due to incomplete or omitted records. These cases require the assistance of skilled New York disability lawyers who know how to present a complete claim and present evidence that is confirmed by experts who are independent.
It is easier to prove a direct connection when illnesses or injuries occurred while you served in the military. For instance, if were hit in the head during service and now suffer from concussions and headaches, there is a strong connection between those events and your current health condition.
It is difficult to be service-connected if there was a pre-existing condition that worsened during your military service. In order to prove that your time in service worsened or aggravated a pre-existing illness you must provide a doctor's medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. 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 veterans disability attorney can guide the claimant through the three decision review options: a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer Take into consideration whether they understand your military background and army's culture. This can make the process more relaxed and eliminate the need for you to explain your experience and situations in plain language.
You also need a company who will remain on your case for the duration of the appeals process over a period of 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 will assist you with every stage of your claim and appeals, including the appeals procedure. 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 assist in obtaining you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployability.
Earning a higher rating
There might come a time that your disability becomes more severe or your symptoms become more complex or broader. In that case, it makes sense to seek a higher rating. A lawyer for veterans' disability can help with that process, and can help you find evidence to justify your request.
It's not unusual for the VA make mistakes, resulting in receiving a lower score than you deserve. It's worth getting an expert to review your records for mistakes. They might have missed an injury or neglected to mention an issue that could be in conjunction with another disability to receive a higher rating.
Even when it's been over one year since the 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 could result in a change to your effective date or a new rating that's more in line with how you truly feel.
If you think you're worthy of a rating of 100 percent or higher, you should consider seeking a supplemental claim. A disability lawyer can assist you to develop a compelling argument for this rating which is only available for the most debilitating disabilities. A mental health issue, for example, may qualify you for a 100% rating of disability because it can interfere with employment or result in frequent hospitalizations that are not typically triggering this level of severity for a heart issue or other medical condition.
Need Help with the Appeals Process
Contrary to what many people believe that denying an application for disability benefits by the VA isn't the end of an individual's ability to recover benefits. Former military personnel have a year to appeal the decision if it is not favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the three appeal options is the best option for his particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer the previous decision was not right. They can even provide a veteran 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 will also have extensive experience handling VA disability claims, and are familiar with the rules and procedure completely. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can lead to a particular kind of empathy that can improve the outcome of the case of a disabled veteran.
The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claims for free to determine if we can assist you. Contact us today to set up your free evaluation.
