20 Fun Informational Facts 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 a claim that has been denied.
Select a veteran disability attorney who specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only offer disability benefits when it can be proved that your condition is related to your military service. This is known as a nexus. There are different types of evidence that you can demonstrate this connection, including medical records, independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence backed by impartial experts.
It is simpler to prove that there is a direct connection to your service for injuries or illnesses which occurred while in the military. For instance, if you were struck in the head while serving and are now suffering headaches and concussions, there is a direct link between the two events and your current health condition.
It is a lot more difficult to become service-connected if you had an existing condition that got worse during your military service. In order to prove that your time in service aggravated or made worse an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.
Appealing a Denial
After filing an application and submitting medical evidence after which the VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to submit a Notice of Disagreement. A disability lawyer for plainfield veterans disability attorney can assist the claimant in navigating the three possible review options which include a supplemental claim, higher-level review or an appeal directly to the Board of gonzales veterans disability attorney' Appeals.
Take note of whether the lawyer is familiar with your military experience and the culture of the armed services when selecting the New York veterans' disability lawyer. This will help you feel more comfortable and less demanding for you to explain your experience and situations in plain language.
You'll want a firm that will take on your case throughout the long appeals procedure. Beware of firms who only assist you in the initial phases of your claim and then go away.
An experienced New York veterans' disability attorney can help you with all phases of the claim including appeals. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help you win you benefits like assistance, monetary compensations and attendance benefits, educational benefits, or unemployability.
Achieving a Higher Rating
There could be a point that your disability becomes more severe, or your symptoms get more difficult or wider. It makes sense in this case to request an increase in rating. A veteran disability lawyer can help you in this process and gonzales veterans disability attorney help collect evidence to support your claim.
It's not common for the VA to make mistakes that result in an lower disability rating than you're entitled to. It's worth contacting an expert to examine your records for any errors. They could have missed an injury or omitted a problem which could be coupled with another disability to earn an improved rating.
You may still make a higher-level claim, or review if you've been given a rating for more than one calendar year. These are a thorough examination of your file and can result in the change of your effective date or an updated rating that is more in line with how you truly feel.
If you think you're worthy of an assessment of 100 percent, or more, it's worth seeking a supplemental claim. A disability attorney can help you develop an argument that supports this type of rating, which is reserved for extremely debilitating disabilities. For example an illness that is mental might qualify you for a 100% disability rating because it could cause significant disruption to your work or frequent periods of hospitalization, which don't usually trigger this level of an assessment for a cardiovascular illness or other medical issues.
Assistance with the Appeals Process
Despite what some think the denial of a disability claim by the VA is not the end of a person's chances to get benefits. In fact, a former soldier is given one year from the date their local apache junction veterans disability lawsuit hospital or office mails them a denial to file an appeal.
An experienced veterans disability attorney can assist a veteran in determining which of the current three appeal options is best for his particular situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have a vast experience dealing with VA disability claims and understand the rules and procedures from top to bottom. Some lawyers are veterans, so they know the challenges that disabled veterans face. This can create a distinct type of empathy which can sometimes improve the outcome of an appeal for veterans' disability.
Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claims for no cost to determine if we can help you. Call us now to schedule your complimentary evaluation.
