15 Surprising Facts About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.
Choose a veterans disability attorneys disability attorney that is solely handling these cases and knows the VA's system from top to bottom. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be confirmed that your illness is related to your military service. This is called a nexus. There are many types of evidence that you could use to show this connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is confirmed by experts who are impartial.
It is much easier to prove the direct connection between your service and Veterans Disability Attorney illnesses or injuries that occurred while in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions, there is a strong connection between these events and your current condition.
It is a lot more difficult to become connected to a service if you have an existing condition that got worse while you were in military service. To prove that your time in service aggravated or made worse an existing medical condition it is necessary to provide expert medical evidence that is at the level of "clear and irrefutable" proof.
Appealing an Denial
The VA will review your case after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is not in favor the veteran is given one year to make a notice of disagreement. A veterans disability attorney (https://escortexxx.ca/author/deonmcinnis/) can assist the claimant through the three decision review options: an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experience and the culture of the armed services when selecting the New York veterans' disability lawyer. This can help you feel more comfortable and reduce the need for you to explain your experiences and the circumstances in layman's terms.
You want a company that will be working on your case through the lengthy appeals process. Be wary of firms that assist you in the first phases of your case and then vanish.
A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, education benefits, or unemployment.
How do I obtain a higher rating
It is possible that your disability becomes worse or your symptoms are more severe. It is logical in this case to request an increase in the rating. A veteran disability lawyer can help you in this process and help collect evidence to prove your claim.
It's not unusual for the VA make mistakes, which can result in an under-rated rating than you deserve. It's worth getting an expert to review your records for any errors. They might have missed an injury or missed any issue that could have been in conjunction with another disability to receive a higher rating.
Even the fact that it's been more a year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These are a thorough examination of your dossier and may result in the change of your effective date or a new rating that's more accurate to how you truly feel.
It's also worth seeking an additional claim or a higher-level review if you're entitled to a disability grade that is 100 percent or more. A disability lawyer can assist you to develop a compelling argument for this rating which is reserved for the most serious disabilities. For instance, a mental health condition might qualify you for an absolute disability rating because it could cause significant disruption to your work or frequent periods of hospitalization that do not normally trigger this type of rating for cardiovascular disease or other medical problems.
Getting help with the Appeals Process
Despite what some people may believe that denial of an application for disability benefits by the VA is not the end of an individual's chances to recover benefits. Former service members have one year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the three appeals options would be best for his particular situation. They can also assist an individual vet put the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have extensive experience in managing VA disability claims, and they know the rules and procedures inside out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans have to face. This can lead to a particular type of empathy which can help improve the outcome of an appeal for veterans' disability.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Contact us today for an appointment for a free evaluation.
