7 Things About Veterans Disability Law You ll Kick Yourself For Not Knowing
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A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can help you throughout the claims process.
Choose a veteran disability attorney that is experienced in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits if you can prove that the condition you suffer from is related to your military service. This is called a linkage. You can make use of various types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a an nexus note from current health care providers (especially in the case of mental health problems). Sometimes, veterans disability lawsuit have medically determined disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and provide evidence backed by unbiased experts.
It is simpler to prove a direct connection when illnesses or injuries were sustained while serving 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 these events and your current health condition.
It is a lot more difficult to become connected to a service if you have an existing condition that deteriorated while you were in military service. To prove that your service time aggravated or worsened a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denied Application
After filing an application and providing medical evidence, the VA will review the application. It usually makes a decision which either approves or denies benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three possible review options which include an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer Make sure you consider whether they understand your military experience and the culture of the armed forces. This will make the process more enjoyable and eliminate the need for you to describe your experiences and circumstances in plain English.
You should also choose a firm that will work on your case throughout the entire appeals process of several years. Beware of companies that will only help you with the initial stages of your case, and then go away.
An experienced 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, ask for an official hearing and represent you in any Board meetings to ensure your case will be dealt with fairly. They can also help win you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployment.
Receiving a Better Rating
It could happen that your disability gets worse or your symptoms get more severe. It is logical in this scenario to ask for an increase in rating. A lawyer for veterans can assist in that process, and they can assist you in locating evidence to prove your claim.
It's not uncommon for the VA to make errors, which could result in being awarded a lower rating than what you deserve. If they miss an injury that you suffer from or ignore a condition that could be a combination of other disabilities in order to get higher ratings, it's worth having an expert review your records to find any errors.
Even the fact that it's been more a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These involve a full review of your dossier and may result in a change to your effective date or an entirely new rating that's more accurate to what you feel.
It's also worth pursuing an additional claim or higher-level review if you're arguing that you deserve a disability rating of 100 percent or more. A disability attorney can help you create a convincing argument for this type of rating, which is reserved for extremely debilitating disabilities. A mental health condition for instance, might qualify you for a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations which do not normally trigger this level of severity for a heart problem or other medical conditions.
Need help with the Appeals Process
Despite what some think the denial of claims for disability by the VA isn't the end of an individual's chances to get benefits. Former veterans have one year to appeal an outcome that is not favorable.
An experienced veteran disability attorney can assist a veteran to determine which of the current three appeal options would be the most appropriate for his situation. They can also help a vet get the evidence they need to convince a higher-level reviewer that their previous decision was not correct. They can give a veteran an additional formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They are also likely to have extensive experience handling VA disability claims and understand the rules and procedures both inside and outside. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This can lead to a particular kind of empathy that can help improve the outcome of a veterans' disability case.
Sullivan and Kehoe's team highly trained lawyers will review your VA disability claims for free to determine if we can assist you. Contact us today for your free evaluation.
