Five Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to submitting an appeal of the denial of your claim.

Choose a veterans disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA system from head to toe. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if they can prove that the condition you have is a result of your military service. This is referred to as a nexus. You can use a variety of evidence to prove the connection. These include medical records, independent health assessments (IME), or an nexus letter from your current healthcare providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by impartial experts.

It is much easier to prove the direct connection between your service and injuries or illnesses that occurred while you were in the military. If you have been injured in the military and now suffer from headaches and concussions, it's easier to establish a direct connection to the service.

It is difficult to be service-connected if you had a pre-existing condition that worsened during your military service. To prove that your service aggravated or worsened a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and undeniable".

Appealing to a Denial

After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA typically issues an approval or denial of benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disparagement. A veterans disability lawyer can help the claimant navigate the three review options -- the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer, veterans be sure to consider whether they can understand your military experience and military's culture. This can make the process more enjoyable and less demanding for you to talk about your experiences and situations in plain language.

You should also find a firm who will continue to work on your case for the entire duration of your appeal. Beware of firms who only help you with the initial stages of your claim, and then go away.

An experienced New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, education benefits or unemployability benefits.

How can you get a better rating

There could be a point when your disability gets worse, veterans or your symptoms get more difficult or wider. In such a case, it makes sense to seek an increase in your rating. A veterans disability lawyer can assist you in this process, and help you find evidence to justify your request.

It's not uncommon for the VA make mistakes, resulting in an under-rated rating than you deserve. If they overlook an injury that you suffer from or ignore a condition which could be linked to other disabilities to get a higher rating It's a good idea to have an expert review your records to identify any mistakes.

Even the fact that it's been more one year since you made your initial rating decision, you have the option of filing an additional review or claim. This includes a review of your entire record, which could result in changes to your effective date and an updated rating that is more true to your feelings.

If you believe that you are entitled to a rating of 100 percent or higher, it's worth requesting a supplemental claim. A disability attorney can assist you in putting together a convincing argument for this type of rating, that is reserved for those with difficult to treat disabilities. A mental illness, for example, may be a reason to get a 100 percent disability rating because it could affect your job or cause frequent hospitalizations which are not typically triggering this level of severity for a heart issue or other medical condition.

Assistance with the Appeals Process

Contrary to what some believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that a person isn't eligible to receive benefits. In fact, a former soldier is given one year from the date their local veterans disability law firm hospital or office mails them a negative decision to file an appeal.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current pathways for appealing would be best for their case. They can also help veterans put the evidence together needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide veterans with a more formal hearing before an veterans disability lawsuit 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 a wealth of experience in handling VA disability claims, and they know the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a unique type of empathy that can improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Call us today to set up your free evaluation.