Five Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of an appeal denied.

Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition is related to your military service. This is known as a connection. You can use a variety of evidence to prove the connection. This includes medical records, independent health assessments (IME), or an nexus letter from your current health care providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence backed by impartial experts.

It is much easier to establish that there is a direct connection to your service for veterans injuries or illnesses which occurred while in the military. If you suffered injuries in the military and now suffer from headaches or veterans concussions, it's easier to establish a direct connection to the service.

However, it is more difficult to get service connected if you suffer from an existing medical condition that worsened while you were in the military. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to present medical evidence from an expert that is "clear and undeniable".

Appealing a Denial

After submitting an application and providing medical evidence after which the VA will examine the case. The VA typically issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran has one year to submit a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options that include an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer, be sure to consider whether they are familiar with your military background and army's culture. This can make the process more comfortable and less demanding for you to talk about your experiences and the circumstances in layman's terms.

You want a company that will take on your case throughout the multi-year appeals process. Beware of firms that only assist you in the first stages of your claim and then go away.

A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also assist you to get your benefits, including monetary compensation, aid and attendance, education benefits, or unemployment benefits.

Achieving a Higher Rating

There might come a time where your disability gets more severe or your symptoms become more difficult or wider. It is logical in this case to request a higher rating. A veterans disability lawyer can help with that process, and can help you dig up evidence to support your request.

It's not uncommon for the VA to make mistakes that result in an under-rated rating than you deserve. It's recommended to consult a professional to check your records for errors. They may have missed an injury or left out the issue that could be added to another disability to receive an improved rating.

Even even if it's been more than one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These can include a review of your entire file which could result in changes to your effective date and a new rating that is more corresponding to the feelings you have.

If you believe that you are entitled to an assessment of 100 percent or higher, it's worth seeking a supplemental claim. A disability attorney can help you put together a compelling argument for this kind of rating, which is reserved for extremely severe disabilities. A mental illness like this one, for instance, may make you eligible for a 100 percent disability rating because it can hinder employment or cause frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or other medical conditions.

Assistance with the Appeals Process

Contrary to what some may think, the denial of an application for disability benefits by the VA is not the end of a person's chances to get benefits. In fact, a former servicemember can wait one year from date their local veterans hospital or office sends them a decision that is not favorable to file an appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be the best option for their situation. They can also help veterans put the evidence together needed to convince a higher level reviewer that the previous decision was incorrect. They can even assist veterans with a more formal hearing before a Veterans Law Judge.

The 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 demands. They also have a wealth of experience handling VA disability claims, and they understand the rules and procedure in detail. 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 sometimes make a difference in the outcome of a litchfield veterans disability attorney disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today for your complimentary evaluation.