15 Reasons Why You Shouldn t Ignore Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.
Select a veteran disability attorney that specializes in these cases and is well-versed with the VA system. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if they can prove that the condition you suffer from is a result of your military service. This is referred to as a nexus. There are different types of evidence that you could prove the connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health issues). There are occasions when veterans have medically determinable disabilities, but they cannot be considered service connected due to incomplete or omitted documents. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is backed by experts who are impartial.
It is easier to prove that there is a direct connection to your service for illnesses or injuries that occurred while in the military. If you've been injured while in the military, and now suffer from headaches or concussions, it's easier to prove a direct service connection.
It is harder to get 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 was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to present medical evidence from an expert that is "clear and undisputed".
Appealing a Denied Application
After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. The VA will typically issue an opinion either approving or Veterans Disability Lawyer denial of benefits. If the decision is not favorable, the veteran has one year to file a complaint. A veterans disability lawyer can help the claimant navigate the three decision review options which include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer Take into consideration whether they understand your military experiences and the military's culture. This can make the process more relaxed and less demanding for you to explain your experiences and circumstances in plain English.
You'll want a firm that will take on your case through the lengthy appeals process. Beware of companies that will only help you with the initial phases of your claim and then go away.
An experienced New York veterans' disability attorney can help you with every stage of your claim including appeals. They can assist you in submitting more medical evidence, request an official hearing, and also represent you in any Board meetings to ensure that your case is handled in a fair manner. They can also help you win you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployability.
Getting a Higher Rating
There may be a point where your disability gets more severe or your symptoms become more complex or broader. It is logical in this case to request an increase in rating. A veterans disability lawyer can help with that procedure, and assist you in locating evidence to justify your request.
It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you deserve. If they overlook an injury you've suffered or miss a condition that could be combined with other disabilities to get a higher rating, it's worth having an expert look over your records to find any mistakes.
Even if it's been more than one year since the initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more accurate to how you really feel.
If you believe you deserve an assessment of 100 percent or more, it's worth seeking a supplemental claim. A disability lawyer can help you build a strong case for this rating, which is reserved only for the most debilitating of disabilities. A mental health issue such as depression, for instance, could make you eligible for a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations which would not normally trigger this level of a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Despite what some believe that denial of a disability claim by the VA isn't the end of a person's chances to receive benefits. Former veterans have one year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can assist a veteran in determining which of the three appeals options is most appropriate for their particular situation. They can also help an individual vet put the evidence together needed to convince a higher level reviewer that their previous decision was wrong. They may also give a veteran a more formal hearing in front of a Veterans Law judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They also have a wealth of experience in dealing with VA disability claims, and are familiar with the rules and procedure inside out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a special type of empathy which can help improve the outcome of a veterans' disability case.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for free to determine if we can help you. Contact us today for your complimentary evaluation.