Five Killer Quora Answers On Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From gathering medical and service evidence to filing an appeal of a claim that has been denied.

Select a veteran disability attorney who is specialized in dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits if they can prove that the condition you suffer from is a result of your military service. This is called a nexus. You can use different types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or the nexus letters from current health care providers (especially in the case of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but they are not able to be service connected because of the absence of or insufficient documents. These cases require the help of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is backed by experts who are impartial.

It is much easier to establish direct service connection for 133.6.219.42 injuries or illnesses which occurred while in the military. For instance, if you were struck in the head while serving and are now suffering headaches and concussions there is a clear connection between the two events and your current condition.

However, it is harder to get connected if you suffer from a pre-existing medical condition that grew worse while you were in the military. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide medical evidence from a professional that is "clear and undisputed".

Appealing to a Denial

The VA will review your application after you have submitted your application and provided medical evidence. It usually makes a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given a year to submit a notice of disagreement. A veterans disability law firm disability attorney can guide the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military experience and the traditions of the armed forces. This can make it simpler for you to understand and reduce the requirement to explain your situation and experiences in a layman's way.

You also want a firm who will remain on your case for the entire duration of your appeal. Be wary of firms that assist you with the initial stages of your claim and then vanish.

A seasoned New York veterans' disability lawyer can assist you in all phases of the claim and appeals. They can assist you in submitting more medical evidence, file an official hearing and represent you at any Board meetings so that your case will be handled in a fair manner. They can also assist you to win your benefits, including monetary compensation, aid and attendance, education benefits, or unemployment benefits.

Receiving a Better Rating

There might come a time that your disability becomes more severe, or your symptoms get more difficult or wider. It is logical in this instance to seek an increase in rating. A veterans disability lawyer can assist in that process, and assist you in finding evidence to support your request.

It's not uncommon to see the VA to make errors, which could result in an under-rated rating than you deserve. If they overlook an injury or miss a condition that could be linked with other disabilities to earn higher ratings It's a good idea to have a professional look over your records to identify any errors.

You can still file a higher-level claim or review if you have been evaluated for more than a calendar year. This involves a thorough review of your file and can result in changes to your effective date or an entirely new rating that's more in line with how you feel.

It's also worth seeking an additional claim or higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can assist you in putting together an argument that supports this kind of rating, which is reserved for very serious disabilities. For instance an illness that is mental might qualify you for an 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that don't typically trigger this kind of an assessment for a cardiovascular condition or other medical problem.

Need help with the Appeals Process

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

An experienced attorney for veterans can assist a veteran to determine which of the three pathways for appeal would be the most appropriate for his particular situation. They can also assist veterans put the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran a more formal hearing in before an Veterans Law judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim needs. They also have years of experience handling VA disability claims and know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges disabled veterans have to face. This creates a unique kind of empathy that can help improve the outcome of a case involving a disabled veteran.

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