10 Things Everybody Hates About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help 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 assist you throughout the entire claim process.

Select a veteran disability lawyer that is experienced 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 provide disability benefits if it can be proved that your condition is linked to your military experience. This is known as a "nexus. You can use different types of evidence to prove this connection. These include medical records, independent health examinations (IME), or an nexus note from current health care providers (especially in the cases of mental health issues). There are instances when veterans have medically determined disabilities, but they are not able to be service connected because of incomplete or omitted records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and submit evidence that is backed up by independent experts.

It is easier to prove direct service connection for illnesses or injuries that occurred while you were in the military. For instance, if you were hit in the head while serving and are now suffering headaches and concussions, there is a strong connection between these events and your current condition.

It is harder to get connected to the military if you suffered from an existing condition that deteriorated while you were in military service. To prove that your time in military service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and unmistakable" evidence.

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision is not in favor the veteran has one year to make a notice of disagreement. A disability lawyer for veterans can help the claimant navigate the three possible review options that include 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 and the military's culture when choosing a New York veterans' disability lawyer. This will help you feel more comfortable and less demanding for you to talk about your experiences and situations in plain language.

You'll want a firm that will be working on your case throughout the multi-year appeals process. Beware of firms that help you with the initial stages of your case, and then disappear.

A seasoned New York veterans' disability attorney can assist you at all phases of the claim including appeals. They can help you submit more medical evidence, file an official hearing and represent you in any Board meetings to ensure that your case will be handled in a fair and fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

How to get a higher rating

It could happen that your disability gets more severe or your symptoms become more severe. It is logical in this situation to ask for an increase in your rating. A lawyer for veterans disability law firms can assist with this procedure, and assist you in locating evidence to support your request.

It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled. It's recommended to consult an expert to look over your records for errors. They might have missed an injury or omitted any issue that could have been in conjunction with another condition to get an increase in rating.

You are still able to make a higher-level claim, or review if you've been assessed for more than a calendar year. These can include a review of your entire dossier, which could result in modifications to your effective date as well as an updated rating that is more true to your feelings.

If you believe you're entitled to an assessment of 100 percent, or higher, you should consider seeking a supplemental claim. A disability lawyer can assist you to develop a compelling argument for this rating, which is reserved only for the most severe of disabilities. A mental illness for instance, might be a reason to get a 100% rating of disability because it can hinder employment or cause frequent hospitalizations which are not typically triggering this level of severity for a heart issue or other medical condition.

Getting Help with the Appeals Process

Contrary to what many people believe the denial of an appeal for disability by the VA is not the end of an individual's chance to recover benefits. Former veterans have one year to appeal an outcome that is not favorable.

An experienced attorney for veterans can assist a veteran in determining which of the current three options for appeal is the best option for his particular situation. They can also help veterans gather all the evidence required to convince a higher level reviewer that their previous decision was not right. They can even provide a veteran with a formal hearing before a veterans disability lawsuit Law Judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim requires. They also have a wealth of experience managing VA disability claims, and they are aware of the rules and procedure inside out. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This creates a unique type of empathy, which can enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us now to schedule your complimentary evaluation.