14 Common Misconceptions About Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veteran disability attorney who is specialized in these types of cases and is familiar with the VA system. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you have is linked to your military service. This is called a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, veterans disability lawyers independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the situation of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but they cannot be considered to be service-connected due incomplete or omitted records. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is backed by experts who are impartial.

It is much easier to prove an immediate connection with your service to injuries or illnesses that occurred while you were in the military. If you have been injured in the military and you now suffer from headaches and concussions, it's easier to prove a direct service connection.

However, it is more difficult to get service connected if you have an existing medical condition that worsened while you were in the military. To show that your time in service caused or aggravated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and undeniable".

Appealing a Denied Application

After submitting an application and providing medical evidence, the VA will examine the case. The VA usually issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A disability attorney for veterans can guide the claimant through the three decision review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences as well as the tradition of the armed services when choosing the New York veterans' disability lawyer. This can make the process more comfortable and less requiring you to explain your experience and the circumstances in layman's terms.

You want a company that will be working on your case throughout the lengthy appeals process. Be wary of firms that assist you with the initial stages of your claim and then disappear.

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 assist you in any Board sessions to ensure that your case will be dealt with without prejudice. They can also help you obtain benefits including monetary compensation, aid and attendance, education benefits, or unemployment benefits.

How to get a higher rating

It is possible that your disability gets worse or your symptoms become more severe. It is logical in this scenario to ask for an increase in rating. A veterans disability lawyer can assist you in this process, and can help you find evidence to support your request.

It's not unusual to see the VA make mistakes, resulting in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to look over your records for any errors. They could have missed an injury or missed an issue that could be coupled with another disability to get an increase in rating.

You are still able to file a higher-level claim and review if you've been given a rating for more than one calendar year. These can include a review of your entire record, which can result in modifications to your effective date and a new rating more accurate to the feelings you have.

If you think you're worthy of an assessment of 100 percent, or higher, you should consider seeking a supplemental claim. A disability lawyer can assist you to build a strong case for this rating which is reserved for the most serious disabilities. A mental illness for instance, might be a reason to get a 100 percent disability rating because it could affect your job or result in frequent hospitalizations that don't normally trigger this level for a heart problem or other medical conditions.

Need Help with the Appeals Process

Contrary what some believe, an VA denial of disability benefits does not mean that the person has no chance of recovering benefits. In fact, a former soldier is given one year from the date the local veterans' hospital or office mails them an unfavorable determination to file an appeal.

A skilled veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be 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 even provide veterans with a formal hearing before an Veterans Law Judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim needs. They also have years of experience handling VA disability claims and are aware of the rules and procedures inside and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that may help improve the outcome of a veterans disability case.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine whether we can help you. Contact us today to arrange your complimentary evaluation.