14 Common Misconceptions About Veterans Disability Law

veterans disability lawsuits Disability Lawyers

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

Select a veteran disability attorney who is specialized in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits only if you prove that the condition you suffer from is a result of your military service. This is referred to as a nexus. You can use different types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or the nexus letters from current health care providers (especially in the case of mental health problems). There are instances that veterans suffer from medically-determined disabilities, but they are not able to be considered to be service-connected due missing or incomplete records. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed up by independent experts.

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

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

Appealing a Denied Application

After filing an application and providing medical evidence The VA will examine the case. It usually issues a ruling which either approves or denies benefits. If the decision is unfavorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer - Http://kbphone.co.kr/bbs/board.php?bo_table=free&wr_id=899935 - can assist the claimant in navigating the three options for review including an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

When selecting the right New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and the traditions of the armed forces. This will make the process more comfortable and less requiring you to explain your experiences and circumstances in plain English.

You should also find a firm who will remain on your case for the duration of the appeals process over a period of years. Be wary of firms that assist you with the initial stages of your case, only to then disappear.

An experienced New York veterans disability attorney can assist you in all stages 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 that your case is handled in a fair manner. They can also assist you to obtain benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.

Earning a higher rating

It could be that your disability becomes worse or your symptoms become more severe. In this case, it makes sense to seek an increase in your rating. A veterans disability lawyer can assist you in this process, and help you dig up evidence to back your request.

It's not uncommon for the VA to make errors, which could result in an under-rated rating than you deserve. Whether they accidentally miss an injury that you suffer from or ignore a condition that could be linked with other disabilities in order to get higher ratings It's a good idea to have a professional look over your records to spot any mistakes.

You are still able to file a higher-level claim or review if you've been evaluated for more than a calendar year. These require a complete review of your file and can result in changes to your effective date or an updated rating that is more accurate to how you truly feel.

It's also worth pursuing an additional claim or a more thorough review if you believe you're entitled to a disability rate of 100 percent or higher. A disability lawyer can help make a convincing case for this rating which is only available for the most serious disabilities. For instance, a mental health condition could be a reason to get an absolute disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization that don't usually trigger this level of an assessment for a cardiovascular disease or other medical problems.

Need help with the Appeals Process

Despite what some people may think the denial of a disability claim by the VA isn't the end of an individual's chances to receive benefits. Former service members have a year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can help a veteran decide which of the three appeals routes is most appropriate for their particular situation. They can also assist veterans put the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They can even provide a veteran with a more 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 can give you the individual attention your claim demands. They also have extensive experience in managing VA disability claims, and they understand the rules and veterans Disability lawyer procedure inside out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can create a special kind of empathy that can help improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Contact us today to arrange your complimentary evaluation.