5 Things That Everyone Doesn t Know On The Subject Of Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of a denied claim.

Choose a veterans disability attorneys disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's confirmed that your illness is linked to your military experience. This is referred to as nexus. You can make use of various types of evidence to prove this connection. These include medical records, independent health examinations (IME) or a an nexus note from current health care providers (especially in the cases of mental health issues). There are occasions when veterans have medically determinable disabilities, but they cannot be service connected because of missing or incomplete documents. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed by independent experts.

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

It is more difficult to be service-connected if there was a pre-existing condition that worsened during your military service. To prove that your service aggravated or worsened a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and undeniable".

Appealing a Denial

After submitting an application and submitting medical evidence, the VA will examine the case. The VA usually issues an approval or denial of benefits. If the decision is not favorable, the veteran is given a year to submit a notice of disagreement. A lawyer for veterans' disability can help the claimant navigate the three options for review -- a supplemental claim, higher-level review, veterans disability lawyers or direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer, be sure to consider whether they can understand your military experiences and the culture of the armed forces. This will make the process more comfortable and less demanding for you to explain your experiences and circumstances in plain English.

You want a company that will work on your case throughout the lengthy appeals process. Be wary about firms that assist you in the initial stages of your claim, and then vanish.

An experienced New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployment benefits.

How to get a higher rating

It could happen that your disability becomes worse or your symptoms are more severe. It makes sense in this situation to ask for an increase in rating. A veterans disability lawyer can assist you in this procedure, and assist you in locating evidence to justify your request.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled. It's a good idea to hire a professional to check your records for any errors. They may have overlooked an injury or missed any issue that could have been coupled with another disability to earn an improved rating.

Even even if it's been more than one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These include a review of your entire file, which may result in modifications to your effective date as well as an updated rating that is more true to the feelings you have.

If you think you're worthy of a rating of 100 percent, or higher, it's worth making a claim for supplemental benefits. A disability lawyer can assist you to make a convincing case for this rating which is only available for the most severe of disabilities. For example the mental health issue could be a reason to get 100% disability ratings because it can cause marked interference with employment or frequent periods of hospitalization, which don't normally trigger such rating for cardiovascular illness or other medical issues.

Assistance with the Appeals Process

Despite what some think the denial of an appeal for disability by the VA is not the end of an individual's chances to recover benefits. In fact, a former veteran can wait one year from date the local veterans' hospital or office mails them a negative decision to appeal.

An experienced lawyer for veterans can help a veteran decide which of the three current ways to appeal is best for their case. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with a more formal hearing in before a Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have years of experience handling VA disability claims and understand the rules and procedures both inside and outside. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This can lead to a particular kind of empathy that could help in the resolution of the case of a disabled veteran.

The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claim for free to determine whether we can help you. Call us today to arrange your free evaluation.