10 Misconceptions That Your Boss May Have About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the claims process. From gathering evidence of medical and other service to submitting an appeal of the denial of your claim.
Select a veteran disability attorney who limits their practice to handling these cases and knows the VA's system from top to bottom. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it is confirmed that your illness is linked to your military experience. This is called a nexus. There are various types of evidence you can use to show this connection, such as 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 instances when veterans have medically determinable disabilities, but they are not able to be considered to be service-connected due insufficient or missing documents. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by experts who are impartial.
It is much easier to prove a direct connection if injuries or illnesses occurred while you served in the military. If you were injured in the military, and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.
However, it is more difficult to get connected if you suffer from a pre-existing medical condition that grew worse when you were in the military. To prove that your military service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA usually issues a decision approving or denying benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A disability attorney for veterans can assist the claimant through the three decision review options: either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the tradition of the armed services when choosing the New York veterans' disability lawyer. This can make it easier for you and lessen the necessity to explain your circumstances and experiences in layman's terms.
You also want a firm that will continue to work on your case for the entire duration of your appeal. Beware of firms that only assist you with the initial stages of your claim, firm and then vanish.
An experienced New York veterans' disability lawyer can assist you in every stage of your claim and appeals. They can help you submit more medical evidence, ask for an official hearing and represent you in any Board meetings so that your case is handled without prejudice. They can also assist you in obtaining you benefits like cash compensations, aid or education benefits, attendance benefits, or unemployedness.
How do I obtain a higher rating
There could be a point where your disability gets more severe, or your symptoms get more difficult or wider. It makes sense in this situation to ask for a higher rating. A lawyer for veterans can assist you in this process, and assist you in locating evidence to support your request.
It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. In the event that they fail to notice an injury that you suffer from or miss a condition that could be a combination of other disabilities to receive an improved rating It's a good idea to have a professional look over your records to look for mistakes.
Even the fact that it's been more one year since your initial rating decision, you still have the option of filing an additional review or claim. These involve a full review of your file. It could result in an amendment to your effective date or a new rating that's more accurate to how you truly feel.
If you believe you're entitled to an assessment of 100 percent or higher, consider seeking a supplemental claim. An attorney for disability can assist you in putting together an argument that is convincing for this type of rating, which is reserved for extremely serious disabilities. For example the mental health issue could qualify you for an 100% disability rating because it can cause marked interference with employment or frequent periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.
Getting Help with the Appeals Process
Contrary to what some believe, an VA denial of disability benefits doesn't mean that the person is not eligible for benefits. Former military personnel have a year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can help a veteran decide which of the three ways to appeal is most suitable for their case. They can also assist a vet get all the evidence required to convince a higher level reviewer that their previous decision was wrong. They can give a veteran an additional formal hearing before an Veterans Law judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim needs. They also have a wealth of experience handling VA disability claims, and they are aware of the rules and procedures completely. Some lawyers are veterans, so they know the challenges that disabled veterans face. This creates a unique type of empathy that can improve the outcomes of a disability claim for veterans disability attorneys.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for no cost to determine whether we can assist you. Call us today to arrange your free evaluation.
