20 Tips To Help You Be More Effective At Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.

Choose a veteran disability lawyer who is specialized 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 it's established that your condition is related to your military service. This is known as a relationship. There are many types of evidence to prove this connection. This includes medical documents, independent health examinations (IME), or nexus letter from current healthcare providers (especially in the case of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but they are not able to be considered service connected due to the absence of or insufficient records. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and present evidence that is backed by experts who are independent.

It is easier to prove the direct connection between your service and injuries or illnesses that occurred while you were in the military. If you suffered injuries in the military and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

It is a lot more difficult to become connected to a service if you have an existing medical condition that was worsened while you were in military service. To prove that your military service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and undeniable" proof.

Appealing a Denial

After submitting an application and providing medical evidence after which the VA will review the application. It usually issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to make a formal complaint. A disability attorney for veterans can guide the claimant through the three review options: Veterans Disability Lawyers an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Make sure you consider whether they understand your military background and culture of the armed forces. This will make the process more relaxed and eliminate the need for you to talk about your experiences and situations in plain language.

You should also find a firm that will continue to work on your case for the entire multi-year appeals process. Be wary of firms that help you with the initial stages of your claim and then vanish.

An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing and assist you in any Board meetings so that your case is handled in a fair manner. They can also assist you in obtaining you benefits, such as financial compensations, aid and attendance benefits, education benefits, or unemployment.

How do I obtain a higher rating

There might come a time where your disability gets more severe or your symptoms become broader or more challenging. In that situation it's logical to ask for an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to back your claim.

It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. It's recommended to consult an expert to review your records for any errors. They could have missed an injury or missed the issue that could be added to another disability to receive an increase in rating.

Even when it's been over one year since your initial rating decision, you can file an additional review or claim. These can include a review of your entire file which could result in changes to your effective date as well as the creation of a new rating that is more precise to what you feel.

It's also worth looking into an additional claim or a more thorough review if you're trying to argue that you're entitled to a disability rate of 100 percent or higher. A disability attorney can help you create an argument that is convincing for this type of rating, which is reserved only for difficult to treat disabilities. For example an illness that is mental might qualify you for an 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that don't usually trigger this level of rating for cardiovascular disease or other medical issue.

Getting help with the Appeals Process

Despite what some people may think that denial of an application for disability benefits by the VA isn't the end of an individual's chance to collect benefits. In fact, a former military member has one year from the date that their local veterans hospital or office sends them an unfavorable determination to file an appeal.

A skilled veterans disability attorney can assist a veteran in determining which of the three appeals options would be best for his situation. They can also assist with gathering the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can even provide a veteran with a more formal hearing before an veterans disability lawsuits Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim requires. They also have years of experience handling VA disability claims and know the rules and procedures both inside and outside. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans disability lawsuit face. This can create a distinct kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Contact us today to arrange your complimentary evaluation.