14 Common Misconceptions About Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veteran disability attorney that specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition you suffer from is a result of your military service. This is known as a "nexus. You can use different types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a an nexus note from current health care providers (especially in the case of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered to be service-connected due the absence of or insufficient documents. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and present evidence that is confirmed by unbiased experts.

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

It is difficult to be connected to a service if you have an existing condition that got worse during your military service. To prove that your time in the military aggravated or worsened a pre-existing medical condition, you'll need to present medical evidence that is "clear and irrefutable".

Appealing a Denial

After filing an application and submitting medical evidence, the VA will review the application. The VA will typically issue an opinion either approving or denial of benefits. If the decision is unfavorable, the veteran has one year to make a notice of disagreement. A disability attorney for veterans can guide the claimant through the three decision review options - a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience and the military's culture when selecting a New York veterans' disability lawyer. This can make things easier for you and lessen the need to describe your experiences and experiences in layman's.

You'll want a firm that will work on your case through the lengthy appeals process. Be wary about firms that assist you in the first stages of your case, only to then vanish.

An experienced New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing and assist you at any Board meetings so that your case is handled in a fair manner. They can also help you win you benefits, such as financial compensations, aid and education benefits, attendance benefits, or unemployment.

Receiving a Better Rating

There may come a time when your disability gets worse, or your symptoms get more difficult or wider. It makes sense in this instance to seek an increase in rating. A veterans disability lawyer can assist in that process, and assist you in locating evidence to back your request.

It's not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. Whether they accidentally miss an injury you have or miss a condition that could be linked with other disabilities to earn a higher rating it's important to have an expert look over your records to spot any errors.

Even if it's been more than one year since you made your initial rating decision, you still can file an additional review or claim. These are a thorough examination of your file and can result in a change to your effective date or an entirely new rating that's more in line with how you feel.

It's also worth pursuing an additional claim or higher-level review if you're entitled to a disability rate of 100 percent or more. A disability lawyer can help make a convincing case for this rating which is only available for the most debilitating disabilities. A mental illness for instance, might qualify you for a 100 percent disability rating, as it can hinder employment or result in frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or other medical issues.

Help with the Appeals Process

Contrary to what some may believe, the denial of an application for disability benefits by the VA is not the end of an individual's chances to get benefits. Former veterans have one year to appeal the decision if it is not favorable.

A skilled veterans disability attorney can assist a veteran in determining which of the three options for appeal would be best for his particular case. They can also assist an individual vet put the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They can give a veteran an extra formal hearing before a Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They are also likely to have a wealth of experience in handling VA disability claims and know the rules and procedures inside and out. Additionally, some attorneys are veterans disability law firm themselves, which means that they understand the challenges that disabled veterans face. This can result in a unique type of empathy which can sometimes improve the outcome of an appeal for veterans' disability.

The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Contact us today to arrange your free evaluation.