The Veterans Disability Law Success Story You ll Never Believe
Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the claims process.
Choose a veteran disability attorney 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 provide disability benefits if you can prove that the condition is related to your military service. This is known as a nexus. You can use different types of evidence to prove this connection. This includes medical records, independent health exams (IME), or an nexus note from current health care providers (especially in the cases of mental health issues). There are occasions when veterans have medically determined disabilities, but they cannot be considered service connected due to the absence of or insufficient documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed up by independent experts.
It is easier to establish a direct service connection when illnesses or injuries occurred while you were in the military. For instance, if you were hit in the head while serving and are now suffering headaches and concussions, there is a clear link between those events and your current condition.
However, it is more difficult to get connected if you suffer from an existing medical condition that worsened during your time in the military. To prove that your service time aggravated or worsened a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and undeniable".
Appealing a denied application
The VA will review your case after you have submitted your application and submitted medical evidence. The VA will usually issue a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to submit a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three options for review that include an additional claim, a 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 can understand your military experiences and the traditions of the armed forces. This can make it simpler for you to understand and reduce the need to explain your situations and experiences in layman's.
You need a firm that will be working on your case throughout the long appeals process. Beware of companies that will only help you with the initial phases of your claim and then disappear.
An experienced New York veterans' disability attorney can assist you through all stages of the claim, including appeals. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help you win your benefits, like monetary compensation, aid and attendance, education benefits or unemployment benefits.
Getting a Higher Rating
It could happen that your disability gets more severe or your symptoms become more severe. In this case it's logical to ask for a higher rating. A veterans disability lawyer can assist you in this procedure, and assist you in locating evidence to back your request.
It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. In the event that they fail to notice an injury you have or ignore a condition that could be linked with other disabilities to earn a higher rating, it's worth having a professional look over your records to find any errors.
Even if it's been more than one year since the initial rating decision, you have the option of filing an additional review or claim. This involves a thorough review of your file and can result in changes to your effective date or an updated rating that is more accurate to what you feel.
It's also worth seeking an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help you put together an argument that supports this kind of rating, which is reserved for extremely debilitating disabilities. A mental health condition, for example, may qualify you for a 100% rating of disability because it can interfere with employment or trigger frequent hospitalizations that are not typically triggering this level of severity for a heart problem or other medical conditions.
Assistance with the Appeals Process
Contrary what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that the person is in no position to claim benefits. Former service members have a year to appeal a decision that is not favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current appeals options is most suitable for their case. They can also help with gathering the evidence required to convince a higher-level reviewer their prior decision was incorrect. They may also give a veteran an additional formal hearing before an Veterans Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim needs. They also have a lot of experience in managing VA disability claims, and they understand the rules and procedures inside and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates a unique kind of empathy that can make a difference in the outcome of a case involving a disabled veteran.
The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims for no cost to determine if we can help you. Contact us today to set up your free assessment.
