Indisputable Proof That You Need Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service evidence to filing an appeal against a denied claim.
Choose a veterans disability attorney 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 gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it can be confirmed that your illness is linked to your military experience. This is called a nexus. There are a variety of evidence you could use to show this connection, such as medical records, independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and submit evidence that is backed up by independent experts.
It is simpler to establish a direct connection if injuries or illnesses occurred while you served in the military. For instance, if you were struck in the head during service and now suffer from concussions and headaches, there is a clear link between those events and your current health condition.
It is more difficult to be service-connected if you had an existing condition that got worse while you were in military service. To prove that your time in service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your case after you have submitted your application and submitted medical evidence. The VA usually issues an opinion either approving or denial of benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disparagement. A disability lawyer for veterans can assist the claimant in navigating the three review options that include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the military's culture when choosing the New York veterans' disability lawyer. This can make the process more relaxed and less demanding for you to explain your experience and the circumstances in layman's terms.
You want a firm who will be working on your case throughout the multi-year appeals procedure. Be wary of companies that assist you in the first stages of your claim and then vanish.
An experienced New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you at any Board sessions to ensure that your case will be dealt with in a fair and fair manner. They can also assist you in obtaining you benefits such as monetary compensations, Veterans Disability Lawyers aid and attendance benefits, educational benefits, or even unemployment.
How do I obtain a higher rating
There may be a point when your disability becomes more serious, or your symptoms get broader or more challenging. It makes sense in this instance to seek an increase in the rating. A veterans disability lawyer can help with that procedure, and assist you in finding evidence to prove your claim.
It's not uncommon for the VA to make mistakes that result in an under-rated rating than you deserve. If they miss an injury that you suffer from or miss a condition which could be linked to other disabilities to receive a higher rating It's a good idea to have an expert review your records to spot any errors.
You are still able to file a higher-level claim and review if you have been assessed for more than a calendar year. This involves a thorough review of your file. It could result in a change to your effective date or an entirely new rating that's more accurate to how you feel.
It's also worth pursuing an additional claim or a more thorough review if you're trying to argue that you're entitled to a disability rate that is 100 percent or more. An attorney for disability can help you create an argument that is convincing for this type of rating, which is reserved only for serious disabilities. A mental illness, for example, may make you eligible for a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that do not normally trigger this level of severity for a heart issue or other medical condition.
Assistance with the Appeals Process
Contrary to what many believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that an individual isn't eligible to receive benefits. In fact, a former veteran is given one year from the date their local veterans hospital or office mails them a negative decision to appeal.
An experienced veterans disability attorneys disability lawyer can assist a veteran in determining which of the three current appeals routes is the best option for their situation. They can also help a vet get the evidence together needed to convince a higher-level reviewer that their previous decision was not right. They can give a veteran an extra formal hearing before an veterans disability attorneys Law judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have extensive experience handling VA disability claims and know the rules and procedures in and out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This can lead to a particular type of empathy which can improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to set up an evaluation for free.
