Five Killer Quora Answers To Veterans Disability Law

veterans disability attorneys Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.

Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if they can prove that the condition is connected to your military service. This is known as a nexus. There are many types of evidence that you could demonstrate this connection, including medical records or independent medical exams (IME) and the nexus letter from your current health professionals or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but are not connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to present an accurate claim and submit evidence that is confirmed by unbiased experts.

It is much easier to establish a direct service connection when illnesses or injuries occurred during your time 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 these events and your current condition.

It is a lot more difficult to become service-connected if there was an existing condition that deteriorated during your military service. In order to prove that your service worsened or aggravated an existing condition you must provide a doctor's medical evidence that is at the level of "clear and undeniable" proof.

Appealing to a Denial

After filing an application and providing medical evidence after which the VA will examine the case. It usually issues a ruling which either approves or denies benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three decision review options -- the supplemental claim, the higher-level review, or a direct appeal to the Board of veterans disability law firm' Appeals.

When choosing the right New York veterans disability lawyer Take into consideration whether they are familiar with your military experiences and the traditions of the armed forces. This can make things easier for you and reduce the necessity to explain your circumstances and experiences in layman's language.

You want a firm who will handle your case throughout the long appeals procedure. Beware of firms who only assist you with the initial stages of your case, and then disappear.

A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist you in obtaining you benefits such as monetary compensations, aid and education benefits, attendance benefits, or unemployedness.

How do I obtain a higher rating

It may happen that your disability gets worse or your symptoms become more severe. In that case it's sensible to seek an increase in your rating. A veterans disability lawyer can help with that procedure, and help you dig up evidence to prove your claim.

It's not common for veterans disability the VA to make mistakes that result in being denied a disability rating lower than you're entitled. It's a good idea to hire a professional to check your records for errors. They might have missed an injury or missed the issue that could be in conjunction with another disability to earn an even higher rating.

Even if it's been more than one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your dossier and may result in the change of your effective date or a new rating that's more accurate to how you really feel.

If you believe you deserve a rating of 100 percent or more, it's worth making a claim for supplemental benefits. A disability lawyer can assist you to develop a compelling argument for this rating which is reserved for the most severe of disabilities. A mental health issue, for example, may allow you to receive a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or any other medical condition.

Assistance with the Appeals Process

Contrary what some believe the fact that contrary to what some may believe, a VA denial of disability benefits does not mean that an individual is not eligible for benefits. Former veterans have one year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran decide which of the three appeals options is the best option for their situation. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer the previous decision was not right. They can provide a veteran an extra formal hearing before a Veterans Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim requires. They also have a wealth of experience managing VA disability claims, and they understand the rules and procedures completely. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans face. This creates a distinct type of empathy that may help improve the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us today to set up your complimentary evaluation.