The Most Significant Issue With Veterans Disability Law And How You Can Repair It

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can assist you through the entire claims process.

Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system from top to bottom. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if they can prove that the condition you are suffering from is linked to your military service. This is referred to as a nexus. There are many types of evidence to prove this connection. These include medical documents, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed by independent experts.

It is much easier to prove a direct service connection if injuries or illnesses occurred while you served in the military. For instance, if you were hit in the head during service and now suffer from concussions and headaches, there is a direct link between these events and your current condition.

It is difficult to be service-connected if there was an existing condition that got worse during your military service. To prove that your time in service aggravated or made worse a pre-existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and unmistakable" evidence.

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 isn't favorable, the veteran is given a year to submit a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and the culture of the armed forces. This can make it easier for you and decrease the requirement to explain your situation and experiences in layman's.

You also want a firm who will continue to work on your case for the duration of the appeals process over a period of years. Be wary of companies that help you with the initial stages of your case, only to then vanish.

An experienced New York veterans disability attorney will assist you with every stage of your claim including the appeals process. 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 treated fairly. They can also assist in obtaining you benefits like financial compensations, aid and education benefits, attendance benefits, or even unemployment.

Achieving a Higher Rating

There may come a time when your disability becomes more serious or your symptoms become more difficult or wider. In this case it's sensible to ask for an increase in your rating. A veterans disability lawyer can assist you in this process, and they can help you dig up evidence to support your request.

It's not unusual for the VA to make mistakes that result in a lower rating than you deserve. If they miss an injury you've suffered or overlook a problem that could be combined with other disabilities in order to get a higher rating It's worthwhile to have an expert look over your records to spot any errors.

Even even if it's been more than one year since your initial rating decision, you still can file an additional review or claim. This could include a thorough review of your entire file that could lead to modifications to the effective date of your claim and a new rating that is more corresponding to your feelings.

It's also worth pursuing an additional claim or a more thorough review if you are entitled to a disability rating of 100 percent or higher. An attorney for disability can help you develop a convincing argument for this type of rating which is reserved for extremely serious disabilities. For example the mental health issue could be a reason to get a 100% disability rating because it can cause a significant interruption to work or periods of hospitalization. These don't typically trigger this kind of a rating for a cardiovascular condition or other medical problem.

Helping with the Appeals Process

Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that an individual has no chance of recovering benefits. Former service members have a year to appeal any decision that isn't favorable.

An experienced veterans disability attorney can assist a vet in determining which of the current three pathways for appeal would be best for his situation. They can also assist an individual vet put the evidence together needed to convince a higher level reviewer that the previous decision was incorrect. They may also give a veteran an additional formal hearing front of a Veterans Law judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim demands. They are also likely to have years of experience dealing with VA disability claims, and they know the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique kind of empathy that may help improve the outcome of a disability claim for veterans.

The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claim for free to determine whether we can assist you. Contact us today to set up your free assessment.