14 Common Misconceptions About Veterans Disability Law

veterans disability lawyer Disability Lawyers

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

Select a veteran disability attorney that specializes in these cases and is well-versed with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits when it can be proved that your condition is connected to your military service. This is referred to as a relationship. There are different types of evidence you could use to show this connection, such as medical records or independent medical exams (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are occasions when veterans have medically determinable disabilities, but cannot be considered service-connected due to incomplete or omitted records. These cases require the assistance of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is supported by independent experts.

It is simpler to prove the direct connection between your service and illnesses or injuries which occurred while in the military. For instance, if suffered head injuries in the course of your service and suffer headaches and concussions, there is a direct link between the two events and the current condition you are suffering from.

However, it's more difficult to be connected if you suffer from an existing medical condition that got worse during your time in the military. To prove that your time in military service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that is at the level of "clear and undeniable" evidence.

Appealing to a Denial

After submitting an application and providing medical evidence, the VA will examine the case. It usually issues a ruling which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to submit a notice of disagreement. A lawyer for veterans' disabilities can assist the applicant navigate the three possible review options including the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the military's culture when selecting a New York veterans' disability lawyer. This will help you feel more comfortable and less requiring you to explain your experiences and situations in layman's terms.

You should also find a firm that will continue to work on your case throughout the entire appeals process of several years. Be wary of companies that assist you in the first stages of your claim and then vanish.

A seasoned New York veterans' disability attorney can help you with all stages of the claim, including appeals. They can assist you in submitting more medical evidence, file an official hearing and represent you in any Board meetings to ensure that your case is handled in a fair and fair manner. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, education benefits or unemployment benefits.

Achieving a Higher Rating

There could be a point when your disability becomes more serious, or your symptoms get more difficult or wider. In that case it's logical to request an increase in your rating. A lawyer for veterans' disability can help with that process, and can assist you in locating evidence to prove your claim.

It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you deserve. It's recommended to consult an expert to look over your records for any errors. They might have missed an injury or missed a problem which could be coupled with another disability to get an even higher rating.

You can still file a higher-level claim and review if you have been rated for more than a calendar year. These are a thorough examination of your file and can result in a change to your effective date or an updated rating that is more accurate to how you feel.

It's also advisable to file an additional claim or a more thorough review if you're entitled to a disability grade of 100 percent or more. A disability attorney can help you put together a compelling argument for this type of rating which is reserved for lawyers very difficult to treat disabilities. A mental health condition for instance, might allow you to receive a 100 percentage disability rating since it could hinder your employment or result in frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or other medical conditions.

Getting Help with the Appeals Process

Contrary to what many believe, contrary to what some may believe, a VA denial of disability benefits does not mean that an individual is not eligible for benefits. In fact, a former soldier can wait one year from date their local veterans hospital or office mails them a denial to appeal.

An experienced lawyer for veterans can assist a veteran to determine which of the three current pathways for appealing would be most appropriate for their particular situation. They can also assist veterans gather the evidence together needed to convince a higher-level reviewer that the previous decision was incorrect. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They are also likely to have a wealth of experience in dealing with VA disability claims and understand the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans have to face. This can create a distinct kind of empathy that can help improve the outcome of a veterans' disability case.

Sullivan and Kehoe's team 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 assessment.