5 Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.

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 is given the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you can prove that the condition you are suffering from is linked to your military service. This is called a linkage. You can use different types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus letter from your current health care providers (especially in the case of mental health problems). Sometimes, veterans have medically determined disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is backed up by experts who are impartial.

It is easier to establish a direct connection when injuries or illnesses occurred while you served in the military. For instance, if were struck in the head during service and now suffer headaches and concussions, there is a clear connection between those events and the current condition you are suffering from.

However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that got worse while you were in the military. To show that your time in service aggravated or worsened a pre-existing health condition, you'll have to present medical evidence from an expert that is "clear and undeniable".

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided medical proof. The VA will usually issue an approval or denial of benefits. If the decision is deemed unfavorable, the veteran has one year to make a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three options for review -- an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military background and military's culture. This will make it easier for veterans disability you and Veterans Disability decrease the need to explain your situations and experiences in layman's.

You also want a firm who will remain on your case for the entire multi-year appeals process. Beware of firms that only assist you with the initial phases of your case and then disappear.

A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you at any Board meetings to ensure that your case is handled in a fair and fair manner. They can also assist you in obtaining you benefits such as cash compensations, aid or education benefits, attendance benefits, or unemployability.

How do I obtain a higher rating

It is possible that your disability becomes worse or your symptoms become more severe. In that situation it's sensible to ask for a higher rating. A veterans disability lawyer can assist in that process, and they can help you dig up evidence to justify your request.

It's not unusual for the VA make mistakes, resulting in a lower rating than you deserve. It's worth getting a professional to check your records for any errors. They may have overlooked an injury or left out the issue that could be in conjunction with another condition to get an improved rating.

Even if it's been more than one year since the initial rating decision, you can file a higher-level review or supplemental claim. These include a review of your entire file that could lead to modifications to your effective date, as well as a new rating more accurate to what you 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 help build a strong case for this rating that is reserved for the most debilitating of disabilities. For instance an illness that is mental could be a reason to get an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of a rating for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Contrary to what many people think that denial of claims for disability by the VA isn't the end of an individual's ability to get benefits. In fact, a former military member is given one year from the date the local veterans disability lawsuit' hospital or office mails them a denial to file an appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three pathways for appealing would be the best option for their situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even assist a veteran with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have a vast experience handling VA disability claims and understand the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties 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 arrange your complimentary evaluation.