15 Shocking Facts About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of a claim that has been denied.
Choose a veteran disability lawyer that is solely dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits only if you prove that the condition you have is connected to your military service. This is referred to as connection. There are a variety of evidence you can prove the connection, such as medical records as well as independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence that is backed up by independent experts.
It is simpler to prove an immediate connection with your service to illnesses or injuries that occurred while in the military. If you suffered injuries in the military, and now suffer from headaches and concussions, Veterans Disability Lawyer it is easier to establish a direct connection to the service.
It is harder to get connected to the military if you suffered from an existing medical condition that was worsened while you were in military service. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you will need to provide expert medical evidence that is "clear and undisputed".
Appealing to a Denial
After submitting an application and submitting medical evidence The VA will review the application. It usually makes a decision that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the applicant navigate the three decision review options which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Take into consideration whether they can understand your military experiences and the military's culture. This will make the process more comfortable and less requiring you to explain your experience and situations in layman's terms.
You also want a firm that will work on your case for the entire duration of your appeal. Be wary of companies that assist you with the initial stages of your case, only to then vanish.
An experienced New York veterans disability attorney will assist you with every stage 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 your case is handled in a fair manner. They can also assist you to win your benefits, including monetary compensation, aid and attendance, educational benefits or unemployment benefits.
Receiving a Better Rating
It is possible that your disability becomes worse or your symptoms are more severe. It makes sense in this case to request an increase in the rating. A veterans disability lawyer can assist in that procedure, and help you find evidence to justify your request.
It's not uncommon to see the VA make mistakes, which can result in an under-rated rating than you deserve. It's recommended to consult an expert to review your records for mistakes. They could have missed an injury or neglected to mention any issue that could have been added to another disability to earn an improved rating.
Even when it's been over one year since you made your initial rating decision, you still can file an additional review or claim. This includes a review of your entire file which may result in modifications to your effective date and a new rating that is more corresponding to what you feel.
It's also worth looking into an additional claim or a more thorough review if you believe you are entitled to a disability rating of 100 percent or more. An attorney for disability can assist you in putting together an argument that is convincing for this type of rating that is reserved for those with difficult to treat disabilities. A mental health condition like this one, for instance, may make you eligible for a 100% rating of disability because it can hinder employment or cause frequent hospitalizations that are not typically triggering this level for a heart issue or other medical condition.
Helping with the Appeals Process
Contrary to what some may believe, the fact that a VA denial of disability benefits doesn't mean that an individual isn't eligible to receive benefits. Former military personnel have a year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current appeals routes is most appropriate for their particular situation. They can also assist an individual vet put the evidence they need to convince a higher level reviewer that their previous decision was not right. They can give a veteran an opportunity to have a formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They are also likely to have a wealth of experience in handling VA disability claims, and they know the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means they are aware of the difficulties disabled veterans face. This can lead to a particular kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claims free of charge to determine if we are able to help you. Call us today to schedule your free evaluation.
