15 Surprising Facts About 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 an appeal denied.

Choose a veteran disability lawyer who specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits when it can be confirmed that your illness is directly related 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 as well as independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health conditions). There are occasions when veterans disability lawsuits have medically determined disabilities, but they cannot be considered service-connected due to missing or incomplete documents. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and submit evidence that is confirmed by independent experts.

It is easier to prove a direct service connection when injuries or illnesses were sustained while serving in the military. If you've been injured while during your military service and now suffer from headaches and Veterans disability lawyers concussions, it's much 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 while you were in military service. In order to prove that your service aggravated or made worse a pre-existing illness You must present expert medical evidence that is at the level of "clear and irrefutable" proof.

Appealing an Denial

The VA will review your application after you have submitted your application and provided medical evidence. It usually issues a decision that either approves or denies benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disability can assist the claimant in navigating the three possible review options including a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer Take into consideration whether they understand your military background and culture of the armed forces. This will make the process more enjoyable and less requiring you to explain your experiences and circumstances in plain English.

You'll want a firm that will work on your case throughout the multi-year appeals procedure. Beware of companies that will only assist you with the first phases of your claim and then vanish.

A seasoned New York veterans' disability lawyer can assist you in all phases of the claim including appeals. They can assist you in submitting more medical evidence, file an official hearing and assist you at any Board meetings to ensure that your case is handled in a fair and fair manner. They can also assist in obtaining you benefits like assistance, monetary compensations and attendance benefits, education benefits, or unemployment.

How to get a higher rating

There could be a point where your disability gets more severe, or your symptoms get more complex or broader. In this case it is sensible to request a higher rating. A lawyer for veterans can assist you in this process, and they can assist you in finding evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled. Whether they accidentally miss an injury you have or miss a condition that could be combined with other disabilities to earn an increase in rating It's worthwhile to have an expert review your records to identify any errors.

You are still able to make a higher-level claim, or review if you've been assessed for more than a calendar year. This involves a thorough review of your dossier and may result in a change to your effective date or a new rating that's more accurate to what you really feel.

It's also worth seeking a supplemental claim or higher-level review if you believe you deserve a disability rating of 100 percent or greater. A disability lawyer can assist you to develop a compelling argument for this rating which is reserved for the most serious disabilities. For example the mental health issue might qualify you for a 100% disability rating because it could cause significant interruption to work or periods of hospitalization, which don't normally trigger such rating for cardiovascular illness or other medical issues.

Assistance with the Appeals Process

Contrary to what some believe Contrary to what some may believe, an VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. In fact, a former military member has one year from the date the local veterans' hospital or office sends them an unfavorable determination to appeal.

A skilled veterans disability attorney can assist a veteran to determine which of the three pathways for appeal would be best for his particular case. They can also help veterans put the evidence they need to convince a higher level reviewer that the previous decision was incorrect. They can provide a veteran an extra formal hearing before an Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have a wealth of experience in dealing with VA disability claims, and they are aware of the rules and procedures completely. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This creates a unique type of empathy that can sometimes make a difference in the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us now to schedule your free assessment.