15 Surprising Facts About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of a claim that has been denied.
Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA system from head to toe. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you prove that the condition you are suffering from is a result of your military service. This is known as a nexus. You can use a variety of evidence to prove the connection. This includes medical documents, independent health examinations (IME), or an nexus letter from your current healthcare providers (especially in the cases of mental health issues). There are occasions when veterans have medically determined disabilities, but are unable to be considered service connected due to insufficient or missing documents. These cases require the assistance of experienced New York disability lawyers who know how to present a complete claim and present evidence that is backed by independent experts.
It is much easier to prove direct service connection for injuries or illnesses which occurred while in the military. For example, if you were hit in the head in the course of your service and suffer from concussions and headaches, there is a clear link between those events and the current condition you are suffering from.
It is harder to get service-connected if you had an existing condition that deteriorated while you were in military service. To prove that your time in service has aggravated or worsened a pre-existing illness You must present expert medical evidence that reaches the level of "clear and undeniable" proof.
Appealing an Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is unfavorable the veteran has one year to make a notice of disagreement. A veterans disability attorney can guide the claimant through the three review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience and the culture of the armed services when selecting a New York veterans' disability lawyer. This will make the process more relaxed and reduce the need for you to explain your experience and situations in layman's terms.
You want a firm who will take on your case throughout the long appeals procedure. Beware of firms that only assist you in the initial phases of your case and then disappear.
An experienced New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, file an official hearing, and also represent you at any Board meetings to ensure your case will be handled in a fair and fair manner. They can also help you win you benefits like assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.
Receiving a Better Rating
There may come a time when your disability becomes more serious, or your symptoms get more complicated or broad. It makes sense in this instance to seek an increase in rating. A veteran disability lawyer can assist you with this process and help you gather evidence to back your claim.
It's not unusual to see the VA make mistakes, resulting in a lower rating than you deserve. It's worth contacting an expert to look over your records for any errors. They could have missed an injury or left out an issue that could be added to another disability to earn an even higher rating.
Even when it's been over one year since the initial rating decision, you still can file an additional review or claim. This includes a review of your entire file, which may result in changes to your effective date, as well as an updated rating that is more true to your feelings.
It's also advisable to file an additional claim or a more thorough review if you're arguing that you are entitled to a disability rating of 100 percent or more. A disability attorney can help you develop a compelling argument for this type of rating which is reserved for extremely serious disabilities. For example an illness that is mental could qualify you for a 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization, which don't usually trigger this level of the rating for a heart illness or other medical issues.
Helping with the Appeals Process
Contrary to what some may believe, a VA denial of disability benefits doesn't mean that an individual isn't eligible to receive benefits. In fact, a former servicemember is given one year from the date that the local veteran's hospital or office sends them an unfavorable determination to appeal.
An experienced veterans disability attorney can help a vet determine which of the current three pathways for appeal would be the most appropriate for his particular case. They can also help an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can even assist a veteran with a formal hearing before an Veterans Law Judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim needs. They are also likely to have a vast experience handling VA disability claims and know the rules and procedures inside and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can lead to a particular type of empathy which could help in the resolution of a veterans disability law firms' disability case.
The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claims free of charge to determine if we can help you. Call us today to arrange your complimentary evaluation.
