5 Killer Quora Answers To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide 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 claim process.
Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you suffer from is connected to your military service. This is known as a nexus. You can use different types of evidence to prove this connection. This includes medical documents, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is backed by experts who are independent.
It is much easier to establish a direct service connection if injuries or illnesses occurred during your time in the military. For instance, if you were hit in the head during service and now suffer from concussions and veterans disability headaches, there is a clear link between those events and the current condition you are suffering from.
It is a lot more difficult to become connected to a service if you have a pre-existing condition that worsened 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 medical evidence from a professional that is "clear and undeniable".
Appealing a denied application
After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA usually issues a decision approving or denying benefits. If the decision is not favorable the veteran is given one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three decision review options -- a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability attorneys disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This can make things easier for you and lessen the need to explain your situations and experiences in layman's language.
You want a firm who will be working on your case throughout the long appeals procedure. Be wary of firms that only assist you in the initial stages of your claim and then go away.
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 more medical evidence, file an official hearing, and also represent you at any Board sessions to ensure that your case will be dealt with in a fair manner. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.
How do I obtain a higher rating
There may come a time when your disability gets worse, or your symptoms get broader or more challenging. In that case it's logical to request an increase in your rating. A veterans disability lawyer can help with that process, and they can assist you in locating evidence to justify your request.
It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you're entitled. Whether they accidentally miss an injury you've suffered or miss a condition which could be linked to other disabilities in order to get an improved rating It's a good idea to have an expert review your records to look for errors.
You are still able to file a higher-level claim and review if you've been assessed for more than a calendar year. These require a complete review of your file, and could result in an amendment to your effective date or a new rating that's more accurate to how you feel.
It's also worth looking into a supplemental claim or higher-level review if you are entitled to a disability rating of 100 percent or more. An attorney for disability can help you create a convincing argument for this type of rating that is reserved for those with severe disabilities. For example an illness that is mental could qualify you for an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't usually trigger this level of the rating for a heart illness or other medical issues.
Need Help with the Appeals Process
Contrary to what many people think, the denial of an application for disability benefits by the VA is not the end of an individual's ability to collect benefits. Former military personnel have a year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can assist a veteran in determining which of the three appeals options is most suitable for their case. They can also assist a vet get the evidence they need to convince a higher level reviewer that their previous decision was not right. They can also provide a veteran with an additional formal hearing before an Veterans Law judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim deserves. They will also have extensive experience dealing with VA disability claims, and they understand the rules and procedures in detail. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that may enhance the outcome of a veterans disability case.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claim for free to determine if we are able to help you. Contact us today to arrange your free assessment.
