10 Top Mobile Apps For Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.
Select a veteran disability lawyer that specializes in these cases and veterans disability lawyers is well-versed with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it is confirmed that your illness is related to your military service. This is known as a "nexus. You can use different types of evidence to prove this connection. These include medical records, independent health exams (IME), or the nexus letters from current health care providers (especially in the case of mental health problems). Sometimes, veterans have medically determined disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.
It is much easier to establish direct service connection for injuries or illnesses that occurred while you were in the military. For instance, if suffered head injuries during service and now suffer from concussions and headaches, there is a clear link between these events and your current health condition.
It is difficult to be service-connected if there was an existing medical condition that was worsened while you were in military service. To show that your time in service has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undisputed".
Appealing an Denial
After submitting an application and providing medical evidence, the VA will review the application. The VA will typically issue an approval or denial of benefits. If the decision is unfavorable, the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can assist the claimant through the three review options - a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the tradition of the armed services when selecting a New York veterans disability lawsuit' disability lawyer. This can make things easier for you and decrease the necessity to explain your circumstances and experiences in layman's language.
You should also choose a firm who will remain on your case throughout the duration of the appeals process over a period of years. Be wary of firms that assist you with the initial stages of your claim and then disappear.
A seasoned New York veterans' disability attorney can assist you through every stage of your claim, including appeals. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you get your benefits, including monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Achieving a Higher Rating
It could happen that your disability becomes worse or your symptoms are more severe. In such a case it's sensible to ask for an increase in your rating. A lawyer for veterans can assist in that procedure, and help you dig up evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. In the event that they fail to notice an injury you have or miss a condition that could be linked with other disabilities to get an improved rating It's worthwhile to have an expert review your records to look for errors.
You can still submit a higher-level claim or review if you've been evaluated for more than a calendar year. These include a review of your entire file, which can result in changes to your effective date and the creation of a new rating that is more precise to what you feel.
It's also worth seeking an additional claim or a higher-level review if you're arguing that you deserve a disability rating of 100 percent or more. A disability lawyer can assist you to build a strong case for this rating that is reserved for the most serious disabilities. For example an illness that is mental might qualify you for a 100% disability rating because it could cause significant interruption to work or periods of hospitalization. These don't normally trigger this type of the rating for a heart disease or other medical issue.
Assistance with the Appeals Process
Contrary to what some may believe that denial of a disability claim by the VA isn't the end of an individual's ability to collect benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office mails them a denial to appeal.
A skilled veterans disability lawyer can help a veteran determine which of the three current pathways for appealing would be best for their case. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim deserves. They also have extensive experience in managing VA disability claims, and they are aware of the rules and procedures in detail. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans face. This can result in a unique type of empathy which can help improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Call us today to set up your free evaluation.
