5 Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.

Choose a veterans disability attorney who is specialized in handling these cases and knows 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 when it can be established that your condition is linked to your military experience. This is referred to as a linkage. You can use different types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or nexus letter from current health care providers (especially in the cases of mental health issues). Sometimes, veterans disability lawsuit have medically determined disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is backed by experts who are impartial.

It is simpler to prove the direct connection between your service and Veterans Disability injuries or illnesses that you sustained while in the military. If you suffered injuries in the military and you now suffer from headaches or concussions it is much easier to prove a direct service connection.

It is difficult to be connected to the military if you suffered from a pre-existing condition that worsened during your military service. To prove that your time in the military aggravated or worsened a pre-existing condition, you'll need to provide expert medical evidence that is "clear and irrefutable".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical evidence. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the applicant navigate the three review options which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they are familiar with your military experiences and the military's culture. This will make the process more enjoyable and reduce the need for you to explain your experience and the circumstances in layman's terms.

You'll want a firm that will work on your case through the lengthy appeals process. Beware of companies that will only assist you in the initial stages of your claim and then disappear.

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 your case is dealt with fairly. They can also assist in obtaining you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployability.

How to get a higher rating

It is possible that your disability gets worse or your symptoms are more severe. It makes sense in this situation to ask for an increase in the rating. A veterans disability lawyer can help with that process, and they can assist you in locating evidence to justify your request.

It's not unusual to see the VA to make mistakes that result in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury you've suffered or overlook a problem that could be combined with other disabilities to get a higher rating It's a good idea to have an expert look over your records to look for errors.

Even if it's been more than one year since your initial rating decision, you can file a higher-level review or supplemental claim. This includes a review of your entire file, which could result in modifications to your effective date and an updated rating that is more true to what you feel.

It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help create a compelling case for this rating which is only available for the most serious disabilities. A mental illness for instance, might qualify you for a 100 percent disability rating, Veterans Disability as it can interfere with employment or cause frequent hospitalizations which would not normally trigger this level for a cardiovascular problem or other medical conditions.

Help with the Appeals Process

Despite what some people may think, the denial of claims for disability by the VA isn't the end of an individual's chances to receive benefits. In fact, a former servicemember has a year from the date that the local veteran's hospital or office mails them a negative decision to appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals options is most appropriate for their particular situation. They can also help with gathering the evidence required to convince a higher-level reviewer that the previous decision was not right. They can even provide veterans with a more formal hearing before an Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim demands. They also have a wealth of experience in dealing with VA disability claims and are aware of 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 creates a unique kind of empathy that can make a difference in the outcome of a veterans disability case.

The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claims for no cost to determine if we are able to assist you. Contact us today for your free assessment.