Five Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.

Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if they can prove that the condition you suffer from is linked to your military service. This is known as a nexus. There are many types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the situation of mental health conditions). There are times when veterans disability lawsuit suffer from medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. 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 simpler to establish a direct service connection when injuries or illnesses were sustained while serving in the military. For instance, if received a head injury while serving and are now suffering from concussions and headaches, there is a strong connection between the two events and your current condition.

However, it is more difficult to be connected if you suffer from an existing medical condition that got worse while you were in the military. In order to prove that your time in service aggravated or made worse an existing medical condition, you must supply expert medical evidence that reaches the level of "clear and undeniable" evidence.

Appealing a Denied Application

The VA will review your application after you have submitted your application and provided medical proof. The VA typically issues an approval or denial of benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options -- a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Be sure to think about whether they can understand your military experience and culture of the armed forces. This can make it simpler for you and decrease the need to explain your situations and experiences in layman's.

You want a company that will handle your case throughout the long appeals procedure. Beware of firms that only assist you in the first stages of your claim and then vanish.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, ask for an official hearing and represent you in any Board meetings to ensure that your case will be handled without prejudice. They can also assist you to claim benefits like monetary compensation, aid and attendance, education benefits or unemployed benefits.

How can you get a better rating

There could be a point when your disability becomes more serious or your symptoms become more complicated or broad. In that case it's logical to ask for a higher rating. A veterans disability lawyer can help with that process, and can assist you in locating evidence to support your request.

It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you're entitled. In the event that they fail to notice an injury you have or ignore a condition that could be combined with other disabilities in order to get higher ratings it's important to have a professional look over your records to find any errors.

You are still able to file a higher-level claim or review if you have been given a rating for more than one calendar year. These can include a review of your entire file, that could lead to modifications to your effective date and the creation of a new rating that is more precise to your personal feelings.

If you think you're worthy of a rating of 100 percent or higher, you should consider seeking a supplemental claim. A disability lawyer can help you develop an argument that supports this kind of rating, which is reserved for very difficult to treat disabilities. A mental health issue for instance, might qualify you for a 100 percentage disability rating since it could hinder your employment or trigger frequent hospitalizations that don't normally trigger this level of severity for a heart problem or other medical conditions.

Getting help with the Appeals Process

Contrary to what many people think the denial of claims for disability by the VA is not the end of an individual's ability to collect benefits. Former military personnel have a year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three appeals routes is the best option for their situation. They can also help veterans gather the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They can provide a veteran a more formal hearing in before a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have a wealth of experience dealing with VA disability claims, and are familiar with the rules and procedures inside and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates an unique type of empathy that may enhance the outcome of a veterans disability case.

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