The Largest Issue That Comes With Veterans Disability Law And How You Can Fix It

Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims 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 claims process.

Choose a veterans disability attorney that is solely dealing with these cases, veterans disability Law firms and who knows the VA's system inside and Veterans Disability Law Firms out. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits if they can prove that the condition you are suffering from is related to your military service. This is known as a "nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a the nexus letters from current health care providers (especially in the case of mental health problems). There are times when veterans suffer from medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is backed by independent experts.

It is simpler to prove direct service connection for illnesses or injuries that occurred while in the military. If you were injured in the military, and now suffer from headaches or concussions, it's easier to establish a direct connection to the service.

However, it's more difficult to get service connected if you have an existing medical condition that got worse while you were in the military. To prove that your time in service worsened or aggravated an existing illness, you must supply expert medical evidence that is at the level of "clear and irrefutable" evidence.

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical proof. It usually makes a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a complaint. A disability lawyer for veterans can assist the claimant through the three review options -- an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences and the culture of the armed services when selecting a New York veterans' disability lawyer. This will make the process more comfortable and less requiring you to explain your experiences and situations in layman's terms.

You should also find a firm who will remain on your case throughout the entire duration of your appeal. Beware of firms who only assist you with the first stages of your claim and then go away.

An experienced New York Veterans Disability Law Firms disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, file an official hearing and represent you at any Board meetings so that your case is handled in a fair and fair manner. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployability benefits.

Earning a higher rating

It may happen that your disability gets worse or your symptoms become more severe. It is logical in this situation to ask for a higher rating. A lawyer for veterans' disability can help with that process, and help you dig up evidence to back your request.

It's not unusual for the VA make mistakes, which can result in being awarded a lower rating than what you deserve. If they miss an injury you've suffered or miss a condition which could be linked to other disabilities in order to get an improved rating, it's worth having an expert review your records to identify any mistakes.

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 involves a thorough review of your dossier and may result in the change of your effective date or an updated rating that is more accurate to what you feel.

If you believe that you are entitled to an assessment of 100 percent, or higher, you should consider making a claim for supplemental benefits. An attorney for disability can assist you in putting together an argument that supports this type of rating which is reserved only for severe disabilities. For instance mental health issues might qualify you for an 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization, which don't typically trigger this kind of rating for cardiovascular disease or other medical issue.

Need Help with the Appeals Process

Contrary to what some believe, an VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former servicemember has one year from the date the local veterans' hospital or office sends them an unfavorable determination to appeal.

An experienced lawyer for veterans can assist a veteran in determining which of the three current ways to appeal is most appropriate for their particular situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can also provide a veteran with an additional formal hearing before an Veterans Law judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim needs. They also have extensive experience managing VA disability claims, and they are aware of the rules and procedures completely. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This creates an unique type of empathy that can enhance the outcome of a disability claim for veterans.

Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for no cost to determine if we are able to assist you. Contact us today to arrange your free assessment.