How To Save Money On Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From assembling medical and service evidence to submitting an appeal of an appeal denied.
Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it is proven 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 assessments (IME), or the nexus letters from current health care providers (especially in the situation of mental health conditions). There are times when veterans have medically determined disabilities, but cannot be service connected because of incomplete or omitted documents. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is confirmed by independent experts.
It is simpler to prove an immediate connection with your service to injuries or illnesses which occurred while in the military. If you've been injured while in the military and now suffer from headaches and concussions, it's easier to establish a direct connection to the service.
It is a lot more difficult to become service-connected if there was an existing condition that got worse while you were in military service. In order to prove that your time in service worsened or aggravated a pre-existing illness You must present expert medical evidence that is at the level of "clear and undeniable" proof.
Appealing a Denial
After submitting an application and submitting medical evidence, the VA will review the application. The VA usually issues an opinion either approving or denial of benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veterans disability attorney can guide the claimant through the three decision review options: a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the traditions of the armed forces when selecting a New York veterans' disability lawyer. This can help you feel more comfortable and eliminate the need for you to describe your experiences and situations in plain language.
You want a firm who will handle your case through the lengthy appeals procedure. Beware of firms that only assist you with the initial stages of your claim and then disappear.
A seasoned New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request an official hearing and assist you in any Board sessions to ensure that your case will be dealt with without prejudice. They can also assist you to claim benefits including monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How can you get a better rating
It could be that your disability becomes worse or your symptoms get more severe. In that case it's logical to seek an increase in your rating. A veteran disability lawyer can assist you with this process and assist you to collect evidence to prove your claim.
It's not uncommon to see the VA to make mistakes that result in receiving a lower score than you deserve. Whether they accidentally miss an injury you have or miss a condition that could be combined with other disabilities to receive an improved rating, it's worth having an expert look over your records to look for errors.
You may still make a higher-level claim, or review if you've been rated for more than a calendar year. This involves a thorough review of your file, and could result in the change of your effective date or an entirely new rating that's more in line with how you feel.
It's also worth looking into an additional claim or a higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or higher. A disability attorney can help you create a convincing argument for this type of rating, which is reserved only for severe disabilities. For instance an illness that is mental might qualify you for an absolute disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization that do not normally trigger such the rating for a heart disease or other medical problems.
Need help with the Appeals Process
Contrary to what some may believe the fact that an VA denial of disability benefits doesn't mean that a person is not eligible for benefits. Former service members have one year to appeal an outcome that is not favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options is best for his particular situation. They can also assist veterans gather all the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even provide a veteran with a more formal hearing before an veterans disability law firm Law Judge.
A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They are also likely to have extensive experience dealing with VA disability claims and understand the rules and procedures from top to bottom. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans. This can result in a unique type of empathy which can sometimes improve the outcome of a veterans disability lawsuits' disability case.
Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claim for free to determine whether we can help you. Contact us today to schedule your complimentary evaluation.