14 Common Misconceptions About Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veteran disability lawyer who is specialized 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 offer disability benefits if it's established that your condition is related to your military service. This is called a nexus. You can use different types of evidence to prove this connection. This includes medical records, independent health assessments (IME), or an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes, veterans have medically determined disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.

It is much easier to establish direct service connection for illnesses or injuries that you sustained while in the military. For instance, if received a head injury while serving and are now suffering from concussions and headaches, there is a direct link between the two events and the current condition you are suffering from.

It is harder to get connected to the military if you suffered from an existing medical condition that was worsened while you were in military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical proof. The VA usually issues an opinion either approving or denial of benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans disability attorneys [click to investigate] can help the claimant navigate through the three decision review options: an additional claim or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience as well as the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make the process more relaxed and eliminate the need for you to explain your experiences and situations in plain language.

You also want a firm that will continue to work on your case for the entire multi-year appeals process. Beware of firms that assist you in the initial phases of your claim and then go away.

A seasoned New York veterans' disability lawyer can assist you in all phases of the claim and appeals. 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 win you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployment.

Earning a higher rating

There may be a point where your disability gets more severe, veterans disability attorneys or your symptoms get more complicated or broad. It makes sense in this case to request a higher rating. A lawyer for veterans can assist you in this procedure, and assist you in locating evidence to prove your claim.

It's not uncommon for the VA make mistakes, resulting in an under-rated rating than you deserve. It's recommended to consult an expert to review your records for any errors. They may have missed an injury or omitted a problem which could be in conjunction with another disability to receive an increase in rating.

You may still file a higher-level claim or review if you've been rated for more than a calendar year. This could include a thorough review of your entire record, that could lead to modifications to your effective date, as well as a new rating that is more corresponding to the feelings you have.

It's also worth seeking an additional claim or a more thorough review if you're arguing that you deserve a disability rating of 100 percent or higher. A disability lawyer can help you make a convincing case for this rating, which is reserved only for the most serious disabilities. A mental health condition, for example, may allow you to receive a 100 percent disability rating because it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or any other medical condition.

Need help with the Appeals Process

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

A skilled veterans disability attorney can assist a veteran to determine which of the current three options for appeal would be the most appropriate for his particular situation. They can also help an individual vet put all the evidence required to convince a higher level reviewer that their previous decision was not right. They can provide a veteran an additional formal hearing front of an veterans disability lawsuits Law judge.

A New York veteran disability lawyer will give you the individual 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 from top to bottom. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a distinct type of empathy that can improve the outcomes of a disability claim for veterans.

The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claim for free to determine if we are able to help you. Call us today to set up your free evaluation.