A Brief History History Of Veterans Disability Law
monroe veterans disability law firm Disability Lawyers
A veteran disability lawyer can help you throughout the claims process. From assembling medical and service evidence to filing an appeal of an appeal denied.
Select a veteran disability attorney that is experienced 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 provide disability benefits when it can be confirmed that your illness is related to your military service. This is referred to as nexus. There are different types of evidence you could use to show this connection, such as medical records or independent medical exams (IME) and letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability lawyers who know how to make an entire claim and provide evidence that is supported by unbiased experts.
It is much easier to establish an immediate connection with your service to illnesses or injuries that you sustained while in the military. For example, if you suffered head injuries in the course of your service and suffer headaches and concussions, there is a clear connection between those events and your current health condition.
It is difficult to be service-connected if you had 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 medical condition you must provide a doctor's medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a denied application
After filing an application and providing medical evidence, the VA will review the application. The VA usually issues a decision approving or denying benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disparagement. A disability attorney for veterans can help the claimant navigate through the three review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experience as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and less requiring you to talk about your experiences and the circumstances in layman's terms.
You should also find a firm that will work on your case for the entire duration of your appeal. Beware of firms that help you with the initial stages of your claim and then go away.
A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you win you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.
Earning a higher rating
It is possible that your disability becomes worse or your symptoms get more severe. In that situation, it makes sense to request a higher rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to support your claim.
It's not uncommon for the VA to make mistakes that result in being awarded a lower rating than what you deserve. It's worth getting a professional to check your records for mistakes. They may have missed an injury or missed a problem which could be added to another disability to receive an even higher rating.
You are still able to make a higher-level claim, or review if you've been rated for more than a calendar year. These can include a review of your entire file which may result in modifications to the effective date of your claim and a new rating that is more corresponding to your personal feelings.
It's also advisable to file an additional claim or a more thorough review if you believe you're entitled to a disability grade of 100 percent or higher. A disability lawyer can assist you to make a convincing case for this rating which is reserved for the most debilitating of disabilities. A mental health condition such as depression, for instance, could make you eligible for a 100 percent disability rating because it could affect your job or cause frequent hospitalizations that would not normally trigger this level for a cardiovascular issue or other medical condition.
Need Help with the Appeals Process
Despite what some people may believe the denial of an application for disability benefits by the VA is not the end of an individual's ability to get benefits. In fact, a former soldier is given one year from the date that their local veterans hospital or office mails them a decision that is not favorable to appeal.
An experienced veteran disability attorney can assist a veteran in determining which of the three pathways for appeal would be the most appropriate for his particular situation. They can also help an individual vet put the evidence together needed to convince a higher level reviewer that the previous decision was incorrect. They can even provide a veteran with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have years of experience handling VA disability claims and understand the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges disabled veterans face. This creates an unique type of empathy that may improve the outcomes of a disability claim for florence Veterans disability lawsuit.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today to schedule your free assessment.
