15 Surprising Facts About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal of a denied claim.

Select a veteran disability lawyer that specializes 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 grant disability benefits if they can prove that the condition you have is connected to your military service. This is called a linkage. There are different types of evidence you can prove the connection, including medical records as well as independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.

It is much easier to establish that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you suffered injuries during your military service and now suffer from headaches or concussions it is much easier to prove a direct service connection.

It is more difficult to be connected to a service if you have a pre-existing condition that worsened during your military service. To show that your time in service has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing an Denial

The VA will review your application after you have submitted your application and provided medical evidence. The VA will typically issue the decision of approving or disapproving benefits. If the decision is not in favor the veteran is given one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant through the three possible review options which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experiences and the culture of the armed forces. This will make the process more relaxed and eliminate the need for you to explain your experiences and situations in plain language.

You should also choose a firm that will work on your case for the entire appeals process of several years. Be wary about firms that assist you with the initial stages of your claim, and then go away.

An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, file an official hearing and assist you in any Board meetings to ensure that your case will be dealt with in a fair manner. They can also assist you to get your benefits, like monetary compensation aid and attendance, educational benefits or unemployed benefits.

Earning a higher rating

It could be that your disability gets more severe or your symptoms become more severe. It makes sense in this instance to seek an increase in the rating. A lawyer for veterans can assist in that process, and assist you in finding evidence to support your request.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled. It's recommended to consult an expert to examine your records for errors. They may have missed an injury or left out the issue that could be combined with another disability to earn an improved rating.

Even if it's been more than a year since your initial rating decision, you can file an additional review or claim. These require a complete review of your file. It could result in a change to your effective date or an updated rating that is more in line with how you feel.

If you believe that you are entitled to a rating of 100 percent, or more, it's worth applying for a supplemental claim. A disability lawyer can assist you to create a compelling case for this rating which is only available for the most serious disabilities. For Veterans Disability Lawyers instance the mental health issue might qualify you for an 100% disability rating due to the fact that it causes significant interruption to work or periods of hospitalization, which don't typically trigger this kind of a rating for a cardiovascular disease or other medical problems.

Helping with the Appeals Process

Despite what some people may believe that denying an appeal for disability by the VA isn't the end of an individual's chances to receive benefits. In fact, a former veteran can wait one year from date that their local veterans hospital or office sends them a decision that is not favorable to file an appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three current appeals options is the best option for their situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide veterans with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a vast experience dealing with VA disability claims and understand the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans disability attorneys face. This creates a unique type of empathy that can make a difference in the outcome of a disability claim for veterans disability law firms.

The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claims free of charge to determine whether we can assist you. Call us today to schedule your free assessment.