Five Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claims process.

Select a veteran disability lawyer that is experienced in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's confirmed that your illness is connected to your military service. This is referred to as a nexus. There are different types of evidence you could prove the connection, such as medical records as well as independent medical examinations (IME) and the nexus letters of current health professionals or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and submit evidence that is supported by experts who are independent.

It is simpler to prove a direct service connection if injuries or illnesses occurred during your time in the military. If you were injured in the military and you now suffer from headaches and concussions it is much easier to establish a direct connection to the service.

However, it is harder to get connected if you suffer from an existing medical condition that got worse while you were in the military. To prove that your service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a Denied Application

After submitting an application and providing medical evidence, the VA will examine the case. The VA typically issues a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to submit a notice of disagreement. A lawyer for veterans' disabilities can assist the applicant navigate the three options for review -- the supplemental claim, the higher-level review, or direct appeal to the Board of veterans disability lawyers' Appeals.

Consider whether the lawyer understands your military experience as well as the military's culture when choosing a New York veterans' disability lawyer. This will make it easier for you to understand and reduce the requirement to explain your situation and experiences in layman's language.

You want a company that will take on your case throughout the multi-year appeals procedure. Beware of firms who only help you with the initial stages of your claim, and then vanish.

A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you at any Board meetings so that your case is handled fairly. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployment benefits.

Getting a Higher Rating

It could happen that your disability becomes worse or your symptoms become more severe. It makes sense in this case to request an increase in rating. A veteran disability lawyer can help you in this process and help collect evidence to back your claim.

It's not unusual to see the VA make mistakes, resulting in receiving a lower score than you deserve. It's worth contacting an expert to review your records for errors. They might have missed an injury or missed a problem which could be in conjunction with another disability to earn a higher rating.

Even if it's been more than a year since your initial rating decision, you have the option of filing an additional review or claim. These are a thorough examination of your file and can result in an amendment to your effective date or a new rating that's more in line with how you truly feel.

It's also worth pursuing a supplemental claim or higher-level review if you believe you're entitled to a disability grade that is 100 percent or more. A disability lawyer can help develop a compelling argument for this rating which is only available for the most debilitating disabilities. For example mental health issues could qualify you for 100% disability ratings due to the fact that it causes significant interruption to work or periods of hospitalization that do not typically trigger this kind of a rating for a cardiovascular disease or other medical issue.

Helping with the Appeals Process

Contrary to what many people think that denial of an application for disability benefits by the VA is not the end of a person's chances to recover benefits. In fact, a former soldier has a year from the date that the local veteran's hospital or office mails them an unfavorable determination to appeal.

An experienced lawyer for veterans can assist a veteran in determining which of the three current appeals options is most suitable for their case. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer that the previous decision was not right. They can even provide veterans disability attorneys with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have extensive experience handling VA disability claims, and they understand the rules and procedure completely. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This can create a special type of empathy which could help in the resolution of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Call us now to schedule an evaluation for free.