10 Top Mobile Apps For Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to submitting an appeal of an appeal denied.
Choose a veterans disability attorney that is solely handling these cases and is aware of the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it's proved that your condition is directly related to your military service. This is referred to as a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire case and submit evidence backed by unbiased experts.
It is much easier to prove a direct connection when injuries or illnesses occurred during your time in the military. For instance, if you were struck in the head during your time in service and you are suffering headaches and concussions, there is a clear connection between those events and your current condition.
However, it is harder to get connected if you suffer from an existing medical condition that worsened while you were in the military. To prove that your service time caused or aggravated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undeniable".
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided medical proof. The VA will typically issue a decision approving or denying benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A disability attorney for veterans disability law firm can help the claimant navigate through the three decision review options - a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experience and the military's culture. This will make the process more comfortable and less demanding for you to explain your experiences and the circumstances in layman's terms.
You need a firm that will work on your case throughout the long appeals procedure. Be wary of firms that assist you in the first stages of your claim, and then disappear.
An experienced New York veterans disability attorneys disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, ask for an official hearing and assist you at any Board sessions to ensure that your case will be handled in a fair and fair manner. They can also assist in obtaining you benefits like financial compensations, aid and attendance benefits, education benefits, or unemployability.
How can you get a better rating
It could happen that your disability becomes worse or your symptoms get more severe. It makes sense in this scenario to ask for a higher rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to support your claim.
It's not unusual to see the VA make mistakes, which can result in an under-rated rating than you deserve. In the event that they fail to notice an injury you've suffered or miss a condition that could be combined with other disabilities to get an improved rating, it's worth having a professional look over your records to find any errors.
You can still make a higher-level claim, or review if you have been assessed for more than a calendar year. This includes a review of your entire record, which may result in changes to the effective date of your claim and an updated rating that is more true to what you feel.
It's also worth looking into a supplemental claim or higher-level review if you're arguing that you're entitled to a disability rate of 100 percent or greater. A disability lawyer can assist you to create a compelling case for this rating which is reserved for the most serious disabilities. For example, a mental health condition could be a reason to get a 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that do not normally trigger such a rating for a cardiovascular condition or other medical problem.
Getting Help with the Appeals Process
Despite what some people may think that denying claims for disability by the VA isn't the end of an individual's ability to get benefits. Former service members have one year to appeal a decision that is not favorable.
A skilled veteran disability lawyer can assist a veteran to determine which of the three appeals routes is most appropriate for their particular situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They can even provide a veteran with a formal hearing before an Veterans Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim demands. They also have a lot of experience in dealing with VA disability claims, and they understand the rules and procedures inside out. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This creates an unique type of empathy that can sometimes enhance the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us now to schedule an evaluation for free.
