Five Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

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 your case is given the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you suffer from is connected to your military service. This is called a nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the cases of mental health issues). There are times when veterans have medically determinable disabilities, but they are not able to be considered to be service-connected due missing or incomplete records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire case and submit evidence that is backed by independent experts.

It is much easier to establish a direct service connection when illnesses or injuries occurred while you served in the military. If you were injured in the military and you now suffer from headaches or concussions, it's easier to establish a direct connection to the service.

It is a lot more difficult to become connected to a service if you have an existing condition that got worse while you were in military service. In order to prove that your service aggravated or made worse a pre-existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and undeniable" evidence.

Appealing to a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. The VA usually issues the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A veterans disability lawyer can assist the claimant through the three possible review options including a supplemental claim, higher-level review, or a 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 experience and the military's culture. This can make the process more relaxed and less demanding for you to describe your experiences and the circumstances in layman's terms.

You need a firm that will take on your case throughout the long appeals procedure. Beware of firms that help you with the initial stages of your case, and then go away.

An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit more medical evidence, file an official hearing, and also represent you at any Board sessions to ensure that your case is handled fairly. They can also assist you in obtaining you benefits such as financial compensations, aid and education benefits, attendance benefits, or unemployment.

How to get a higher rating

It may happen that your disability becomes more severe or your symptoms become more severe. In such a case it is sensible to seek an increase in your rating. A veterans disability lawyer can help with that process, and assist you in finding evidence to support your request.

It's not uncommon for the VA to make mistakes that result in a lower rating than you deserve. If they miss an injury that you suffer from or miss a condition that could be linked with other disabilities to get higher ratings It's a good idea to have an expert look over your records to find any mistakes.

You can still file a higher-level claim and review if you have been given a rating for more than one calendar year. These require a complete review of your file. It could result in a change to your effective date or a new rating that's more accurate to how you really feel.

It's also worth pursuing an additional claim or a more thorough review if you're trying to argue that you are entitled to a disability rating of 100 percent or greater. A disability lawyer can help develop a compelling argument for this rating which is only available for the most debilitating of disabilities. A mental illness for instance, might be a reason to get a 100% rating of disability because it could affect your job or cause frequent hospitalizations that do not normally trigger this level for a heart problem or any other medical condition.

Need help with the Appeals Process

Despite what some people may think the denial of an application for disability benefits by the VA is not the end of an individual's ability to collect benefits. Former veterans have one year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three ways to appeal is best for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can also provide a veteran with an extra formal hearing before an Veterans Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim requires. They also have years of experience dealing with VA disability claims, and they know the rules and procedures from top to bottom. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique type of empathy, which can improve the outcomes of a veterans disability case.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Call us today to set up your free assessment.