Five Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's proven that your condition is connected to your military service. This is referred to as linkage. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by unbiased experts.

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

However, it is more difficult to be connected if you have a pre-existing medical condition that grew worse when you were in the military. To prove that your service time has aggravated or exacerbated a pre-existing medical condition, you'll need to present medical evidence from an expert that is "clear and irrefutable".

Appealing to a Denial

After filing an application and submitting medical evidence The VA will review the case. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given a year to file a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three review options that include an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Be sure to think about whether they understand your military background and traditions of the armed forces. This can make the process more comfortable and reduce the need for you to explain your experiences and the circumstances in layman's terms.

You need a firm that will handle your case throughout the multi-year appeals process. Beware of firms who only assist you in the initial phases of your claim and then disappear.

An experienced New York veterans disability attorney can help you through all phases 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 your case is handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Receiving a Better Rating

There might come a time where your disability gets more severe, or your symptoms get more complex or broader. It is logical in this scenario to ask for an increase in rating. A veterans disability lawyer can assist in that procedure, and help you find evidence to prove your claim.

It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled. It's a good idea to hire a professional to check your records for any errors. They could have missed an injury or neglected to mention an issue that could be coupled with another condition to get an increase in rating.

You may still submit a higher-level claim or review if you have been given a rating for more than one calendar year. These can include a review of your entire file, which could result in modifications to your effective date as well as a new rating more accurate to your feelings.

It's also worth seeking an additional claim or higher-level review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help build a strong case for this rating which is only available for the most severe of disabilities. A mental health issue like this one, for instance, may make you eligible for a 100 percentage disability rating since it could hinder your employment or result in frequent hospitalizations that are not typically triggering this level of a cardiovascular issue or other medical condition.

Assistance with the Appeals Process

Contrary to what some may think the denial of claims for disability by the VA isn't the end of a person's chances to recover benefits. In fact, veterans a former military member has one year from the date their local alhambra veterans disability attorney hospital or office sends them an unfavorable determination to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three appeals routes is most suitable for their case. They can also help veterans put the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They can even assist veterans with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They are also likely to have years of experience dealing with VA disability claims, and they know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans have to face. This creates a unique type of empathy that may 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 whether we can help you. Call us today to set up an evaluation for free.