15 Surprising Facts About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service evidence to filing an appeal on a denied claim A veteran disability lawyer can help you through the entire claims process.
Choose a veteran disability attorney that is experienced in these cases and is well-versed with the VA system. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits if it's proven that your condition is linked to your military experience. This is known as a "nexus. There are different types of evidence that you can prove this connection, such as medical records as well as independent medical examinations (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by unbiased experts.
It is simpler to prove a direct connection when injuries or illnesses were sustained while serving in the military. If you have been injured during your military service and now suffer from headaches and concussions it is much easier to prove a direct service connection.
However, it is more difficult to be connected if you suffer from an existing medical condition that grew worse during your time in the military. To prove that your service worsened or aggravated an existing illness You must present expert medical evidence that is at the level of "clear and unmistakable" evidence.
Appealing an Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can assist the applicant navigate the three decision review options including an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.
When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military experience and the culture of the armed forces. This will make it easier for you and reduce the need to describe your experiences and experiences in layman's terms.
You also need a company who will remain 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 phases of your case and then go away.
A seasoned New York veterans' disability attorney can assist you at every stage of your claim including appeals. They can assist you in submitting additional medical evidence, request an official hearing and assist you at any Board meetings so that your case is handled fairly. They can also assist you to obtain benefits including monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Earning a higher rating
There could be a point when your disability becomes more serious, or your symptoms get more complicated or broad. It is logical in this case to request an increase in your rating. A veterans disability lawyer can assist in that process, and they can assist you in finding evidence to justify your request.
It's not unusual to see the VA make mistakes, resulting in being awarded a lower rating than what you deserve. If they overlook an injury or miss a condition that could be a combination of other disabilities in order to get a higher rating It's worthwhile to have a professional look over your records to find any mistakes.
Even if it's been more than one year since you made your initial rating decision, you still have the option of filing an additional review or claim. This could include a thorough review of your entire record, which can result in changes to your effective date, as well as an updated rating that is more true to your feelings.
It's also worth pursuing an additional claim or higher-level review if you believe you deserve a disability rating of 100 percent or higher. A disability lawyer can assist you to build a strong case for this rating that is reserved for the most debilitating of disabilities. For example an illness that is mental could qualify you for 100% disability ratings because it could cause significant interruption to work or periods of hospitalization. These don't normally trigger such an assessment for a cardiovascular disease or other medical problems.
Getting help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, a VA denial of disability benefits doesn't mean that an individual is not eligible for benefits. Former military personnel have a year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current pathways for appealing would be best for their case. They can also help an individual in assembling 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.
A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have a wealth of experience managing VA disability claims, and are familiar with the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This can lead to a particular type of empathy which can help improve the outcome of an appeal for veterans' disability.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for no cost to determine if we are able to assist you. Contact us now to schedule an evaluation for free.
