14 Common Misconceptions About Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veteran disability attorney that specializes 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 only if you prove that the condition is a result of your military service. This is known as a connection. You can use different types of evidence to prove this connection. These include medical records, independent health assessments (IME) or a nexus letter from current healthcare providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to present a complete claim and submit evidence that is confirmed by experts who are impartial.

It is easier to prove a direct service connection if injuries or illnesses occurred during your time in the military. If you've been injured while during your military service and now suffer from headaches or concussions, it is easier to prove a direct service connection.

However, it's harder to get connected if you have an existing medical condition that grew worse while in the military. To show that your time in service aggravated or worsened a pre-existing condition, you'll need to present medical evidence from an expert that is "clear and undisputed".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical proof. The VA typically issues an opinion either approving or denial of benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant in navigating the three options for review that include the supplemental claim, the higher-level review or a direct appeal to the Board of veterans disability attorney' 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 a New York veterans' disability lawyer. This can make the process more comfortable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.

You want a company that will be working on your case throughout the lengthy appeals procedure. Beware of firms that only assist you in the initial stages of your claim, and then go away.

A seasoned New York veterans' disability attorney can help you with every stage of your claim and appeals. They can help you submit additional medical evidence, request an official hearing, and also represent you in any Board sessions to ensure that your case is handled without prejudice. They can also assist you in obtaining you benefits like assistance, monetary compensations and education benefits, attendance benefits, or unemployment.

How to get a higher rating

It may happen that your disability becomes worse or your symptoms get more severe. In this case it is sensible to ask for veterans a higher rating. A veteran disability lawyer can assist you in this process and help you gather evidence to prove your claim.

It's not unusual to see the VA to make errors, which could result in being awarded a lower rating than what you deserve. It's worth contacting an expert to look over your records for any errors. They may have overlooked an injury or neglected to mention an issue that could be in conjunction with another disability to get an even higher rating.

Even the fact that it's been more one year since your initial rating decision, you still can file a higher-level review or supplemental claim. This could include a thorough review of your entire file, which may result in modifications to your effective date, as well as a new rating more accurate to the feelings you have.

If you believe you deserve an assessment of 100 percent or higher, you should consider requesting a supplemental claim. A disability lawyer can assist you in putting together an argument that is convincing for this type of rating, Veterans which is reserved for very difficult to treat disabilities. A mental illness like this one, for instance, may be a reason to get a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations which are not typically triggering this level for a cardiovascular issue or other medical condition.

Helping with the Appeals Process

Contrary to what some may believe, an VA denial of disability benefits does not mean that an individual is not eligible for benefits. In fact, a former military member has one year from the date that their local veterans hospital or office sends them a decision that is not favorable to appeal.

An experienced lawyer for veterans can help a veteran determine which of the three appeals routes is the best option for their situation. They can also assist veterans put the evidence they need to convince a higher level reviewer that their previous decision was not right. They can also provide a veteran with an extra formal hearing before a Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have extensive experience in handling VA disability claims, and are familiar with the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates an unique type of empathy that can help improve the outcome of a case involving a disabled veteran.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for free to determine whether we can assist you. Contact us today to arrange your free evaluation.