20 Things You Must Know About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal against the denial of your claim.

Select a veteran disability lawyer that is experienced in these types of cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it's confirmed that your illness is directly related to your military service. This is known as a "nexus. There are many types of evidence to prove this connection. These include medical records, independent health assessments (IME), or an nexus note from current health care providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is backed up by unbiased experts.

It is easier to establish a direct service connection when injuries or illnesses occurred during your time in the military. For example, if you were struck in the head during your time in service and you are suffering from concussions and headaches, there is a clear link between the events that led to your current health condition.

It is difficult to be service-connected if you had an existing condition that deteriorated during your military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denial

After submitting an application and providing medical evidence The VA will review the case. It typically issues a decision which either approves or denies benefits. If the decision is not favorable the veteran is given one year to submit a Notice of Disagreement. A lawyer for veterans' disability can assist the applicant navigate the three options for review including the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and the military's culture. This can make it easier for you and lessen the need to explain your situations and experiences in layman's.

You should also find a firm who will continue to work on your case for the entire appeals process of several years. Beware of companies that will only assist you in the initial phases of your claim and then vanish.

A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. 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 treated fairly. They can also help you win you benefits, such as assistance, monetary compensations and attendance benefits, education benefits, or even unemployment.

How do I obtain a higher rating

There might come a time where your disability gets more severe, or your symptoms get more complicated or broad. It makes sense in this instance to seek a higher rating. A veteran disability lawyer can help you with this process and assist you to gather evidence to prove your claim.

It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. If they miss an injury you've suffered or overlook a problem that could be a combination of other disabilities to get an increase in rating, it's worth having a professional look over your records to look for errors.

Even the fact that it's been more one year since your initial rating decision, you can file an additional review or claim. These can include a review of your entire record, which could result in modifications to your effective date and an updated rating that is more true to your personal feelings.

It's also worth pursuing an additional claim or a higher-level review if you believe you are entitled to a disability rating that is 100 percent or more. An attorney for disability can assist you in putting together a convincing argument for this kind of rating, which is reserved for extremely debilitating disabilities. For instance an illness that is mental could be a reason to get 100% disability ratings because it can cause a significant disruption to your work or frequent periods of hospitalization that don't usually trigger this level of the rating for a heart condition or other medical problem.

Getting help with the Appeals Process

Contrary to what some believe the fact that an VA denial of disability benefits does not mean that an individual is in no position to claim benefits. In fact, a former servicemember can wait one year from date that their local veterans hospital or office mails them a denial to file an appeal.

A skilled veterans disability attorney can help a vet determine which of the three appeal options would be best for his situation. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer the previous decision was not right. They can also provide a veteran with a more formal hearing in before a Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim requires. They will also have extensive experience managing VA disability claims, and they are aware of the rules and procedure inside out. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This creates a distinct type of empathy that can sometimes improve the outcomes of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Contact us today for an appointment for a free evaluation.