Five Things Everyone Makes Up About Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows 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 award disability benefits if you prove that the condition you have is a result of your military service. This is known as a relationship. There are a variety of evidence that you could prove this connection, such as medical records, veterans disability lawyer independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are instances when veterans have medically determinable disabilities, but are unable to be considered to be service-connected due insufficient or missing records. These cases require the assistance of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is backed up by independent experts.

It is easier to establish a direct service connection if injuries or illnesses occurred while you were in the military. For instance, if suffered head injuries while serving and are now suffering from concussions and headaches, there is a clear link between the two events and your current condition.

However, it's more difficult to get connected if you suffer from an existing medical condition that worsened while in the military. In order to prove that your time in service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that reaches the level of "clear and undeniable" proof.

Appealing an Denial

The VA will review your case after you have submitted your application and provided medical proof. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to submit a notice of disagreement. A veterans disability lawyer can assist the applicant navigate 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 choosing a New York veterans disability lawyer Take into consideration whether they can understand your military experiences and the military's culture. This can make it simpler for you and reduce the need to describe your experiences and experiences in layman's terms.

You also want a firm who will remain on your case throughout the entire multi-year appeals process. Beware of firms that only help you with the initial stages of your claim, and then vanish.

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, request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you win you benefits, such as assistance, monetary compensations and attendance benefits, educational benefits, or even unemployment.

Earning a higher rating

There may be a point that your disability becomes more severe or your symptoms become more difficult or wider. It makes sense in this scenario to ask for an increase in the rating. A veterans disability lawyer can help with that procedure, and help you find evidence to back your request.

It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. It's worth getting a professional to check your records for any errors. They may have missed an injury or left out an issue that could be added to another condition to get an increase in rating.

You may still submit a higher-level claim or review if you have been assessed for more than a calendar year. These include a review of your entire record, which can result in changes to your effective date, as well as the creation of a new rating that is more precise to the feelings you have.

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 higher. A disability lawyer can help you develop a compelling argument for this rating which is reserved for the most debilitating disabilities. For instance the mental health issue could be a reason to get an absolute disability rating because it can cause marked interruption to work or periods of hospitalization that do not normally trigger this type of an assessment for a cardiovascular disease or other medical problems.

Helping with the Appeals Process

Despite what some think the denial of claims for disability by the VA is not the end of an individual's chances to get benefits. Former service members have a year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three current pathways for appealing would be the best option for their situation. They can also assist an individual vet put the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They may also give a veteran an additional formal hearing front of an Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim demands. They will also have extensive experience in managing VA disability claims, and are familiar with the rules and procedure completely. Some lawyers are veterans disability lawsuits, and therefore know the challenges that disabled veterans face. This creates a distinct type of empathy that can improve the outcomes of a disability claim for veterans.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for free to determine if we can help you. Contact us today for an appointment for a free evaluation.