14 Common Misconceptions About Veterans Disability Law
Dacula Veterans disability lawsuit Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal of a claim that has been denied.
Select a veteran disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside and out. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits if you prove that the condition you suffer from is a result of your military service. This is referred to as a nexus. There are many types of evidence you could use to show this connection, such as medical records, independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered service-connected due to missing or incomplete records. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and present evidence that is backed by experts who are independent.
It is much easier to prove that there is a direct connection to your service for injuries or illnesses that you sustained while in the military. For example, if you were struck in the head in the course of your service and suffer headaches and concussions, there is a direct link between those events and your current health condition.
It is a lot more difficult to become connected to the military if you suffered from a pre-existing condition that worsened during your military service. To show that your time in service has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undeniable".
Appealing to a Denial
After submitting an application and providing 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 has one year to submit a Notice of Disagreement. A disability attorney for veterans can help the claimant navigate through the three decision review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they are familiar with your military experience and army's culture. This can make the process more relaxed and less demanding for you to explain your experience and situations in layman's terms.
You want a firm who will be working on your case throughout the long appeals procedure. Be wary about firms that assist you in the first stages of your claim and then go away.
An experienced New York veterans' disability attorney can help you with all phases of the claim including appeals. They can assist you in submitting more medical evidence, file an official hearing, and also represent you at any Board meetings to ensure that your case will be dealt with without prejudice. They can also help you claim benefits such as monetary compensation, aid and attendance, education benefits or unemployability benefits.
Earning a higher rating
It could be that your disability becomes worse or your symptoms get more severe. In that situation it's logical to seek a higher rating. A veterans disability lawyer can help with that process, and can assist you in locating evidence to back your request.
It's not uncommon to see the VA make mistakes, resulting in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury that you suffer from or overlook a problem which could be linked to other disabilities in order to get higher ratings It's a good idea to have an expert look over your records to look for mistakes.
Even if it's been more than one year since the initial rating decision, you can file an additional review or claim. These are a thorough examination of your file, and could result in the change of your effective date or a new rating that's more in line with how you truly feel.
It's also worth looking into an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can assist you to build a strong case for this rating that is reserved for the most severe of disabilities. For example mental health issues might qualify you for an absolute disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization that don't typically trigger this kind of rating for cardiovascular illness or other medical issues.
Need help with the Appeals Process
Despite what some think that denial of claims for disability by the VA is not the end of a person's chances to collect benefits. Former military personnel have a year to appeal an outcome that is not favorable.
An experienced santa maria veterans disability law firm disability lawyer can assist a veteran to determine which of the three current ways to appeal is most appropriate for their particular situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even assist a veteran with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They also have a lot of experience in dealing with VA disability claims, and Dacula Veterans disability lawsuit they know the rules and procedure inside out. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can lead to a particular kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to set up your complimentary evaluation.