Technology Is Making Veterans Disability Law Better Or Worse

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the entire claim process.

Select a veteran disability attorney that is solely handling these cases and knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you have is a result of your military service. This is called a linkage. There are many types of evidence to prove the connection. These include medical records, independent health exams (IME), or nexus letter from current health care providers (especially in the case of mental health problems). There are times when veterans have medically determinable disabilities, but they are not able to be considered service-connected due to incomplete or omitted records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed by independent experts.

It is easier to prove an immediate connection with your service to injuries or illnesses that occurred while in the military. For example, if you received a head injury during your time in service and you are suffering headaches and concussions, there is a strong connection between the events that led to your current condition.

It is harder to get service-connected if you had an existing condition that got worse during your military service. To prove that your time in service aggravated or made worse an existing medical condition you must provide a doctor's medical evidence that rises to the level of "clear and irrefutable" proof.

Appealing a Denied Application

The VA will review your case after you have submitted your application and submitted medical evidence. It usually issues a ruling which either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three decision review options that include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Be sure to think about whether they can understand your military experience and military's culture. This can make the process more relaxed and less demanding for you to describe your experiences and situations in plain language.

You want a company that will work on your case throughout the long appeals procedure. Beware of firms that assist you with the first stages of your claim, and then go away.

An experienced New York veterans' disability attorney can assist you at all stages of the claim and appeals. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you claim benefits including monetary compensation, aid and attendance, education benefits or unemployment benefits.

How to get a higher rating

There might come a time when your disability becomes more serious, or your symptoms get more complex or broader. It is logical in this scenario to ask for a higher rating. A veterans disability lawyer can assist in that process, and they can help you dig up evidence to justify your request.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you deserve. It's recommended to consult an expert to look over your records for mistakes. They could have missed an injury or left out any issue that could have been added to another disability to earn an even higher rating.

Even the fact that it's been more one year since you made your initial rating decision, you still can file an additional review or claim. This involves a thorough review of your file and can result in a change to your effective date or an entirely new rating that's more in line with how you feel.

If you think you're worthy of an assessment of 100 percent, or higher, you should consider requesting a supplemental claim. A disability attorney can assist you in putting together an argument that is convincing for this type of rating, which is reserved for very serious disabilities. For instance mental health issues could qualify you for a 100% disability rating because it could cause significant disruption to your work or frequent periods of hospitalization that don't typically trigger this kind of a rating for a cardiovascular disease or other medical problems.

Need Help with the Appeals Process

Despite what some people may believe, the denial of claims for disability by the VA isn't the end of an individual's chance to get benefits. Former service members have one year to appeal a decision 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 in gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They may also give a veteran an extra formal hearing front of an Veterans Law judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim demands. They also have years of experience dealing with VA disability claims and understand the rules and procedures both inside and Veterans disability lawyer outside. In addition, some attorneys are veterans disability attorneys themselves, which means that they understand the challenges that disabled veterans face. This creates an unique type of empathy, which can help improve the outcome of a case involving a disabled veteran.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for no cost to determine if we can assist you. Contact us today for an appointment for a free evaluation.