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 filing an appeal of the denial of your claim.

Choose a veterans disability attorney that is solely handling these cases and is aware of the VA's system inside out. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if you prove that the condition you suffer from is related to your military service. This is known as a linkage. There are various types of evidence that you can prove the connection, such as medical records, independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health conditions). There are times when veterans have medically determinable disabilities, but they are not able to be considered service connected due to insufficient or missing documents. These cases require the assistance of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is confirmed by experts who are independent.

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

It is harder to get connected to the military if you suffered from an existing condition that got worse during your military service. To prove that your service worsened or aggravated an existing illness, you must supply expert medical evidence that is at the level of "clear and unmistakable" proof.

Appealing a denied application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually makes a decision that either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a complaint. A veterans disability lawyer can help the claimant navigate the three possible review options which include an additional claim, a more extensive review or an appeal directly to the Board of veterans disability law firm' Appeals.

When selecting when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experiences and the culture of the armed forces. This will make the process more relaxed and eliminate the need for you to talk about your experiences and the circumstances in layman's terms.

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 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 or 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 unemployment.

How can I get a better rating

It could happen that your disability gets worse or your symptoms become more severe. In that case it's sensible to request an increase in your rating. A veterans disability lawyer can assist with this process, and help you find evidence to prove your claim.

It's not common for the VA to make mistakes that lead to a lower disability rating than you deserve. It's worth contacting an expert to examine your records for mistakes. They may have overlooked an injury or neglected to mention any issue that could have been combined with another disability to receive an increase in rating.

You can still file a higher-level claim or review if you've been assessed for more than a calendar year. This could include a thorough review of your entire file that could lead to changes to the effective date of your claim and the creation of a new rating that is more precise to the feelings you have.

If you believe you deserve an assessment of 100 percent or more, it's worth applying for a supplemental claim. A disability lawyer can assist you to make a convincing case for this rating that is reserved for the most severe of disabilities. For example mental health issues could be a reason to get 100% disability ratings because it can cause a significant interruption to work or periods of hospitalization, which don't normally trigger this type of a rating for a cardiovascular condition or other medical problem.

Getting help with the Appeals Process

Contrary to what some believe the fact that an VA denial of disability benefits doesn't mean that the person is not eligible for veterans disability benefits. In fact, a former military member has a year from the date the local veterans' hospital or office sends them a denial to file an appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be the best option for their situation. They can also assist veterans put the evidence together needed to convince a higher level reviewer that their previous decision was not right. They can even provide veterans with a more formal hearing before a Veterans Law Judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim demands. They also have extensive experience handling VA disability claims and are aware of the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates an unique type of empathy that can help improve the outcome of a veterans disability case.

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