5 Killer Quora Answers To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the claims process.
Select a veteran disability attorney that is experienced in these kinds of cases and is acquainted with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be established that your condition is related to your military service. This is known as a "nexus. There are different types of evidence that you can use to show this connection, including medical records as well as independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but they are not able to be considered service connected due to insufficient or missing documents. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed up by independent experts.
It is much easier to establish the direct connection between your service and injuries or illnesses that occurred while in the military. If you suffered injuries during your military service and now suffer from headaches or concussions, it's easier to prove a direct service connection.
It is more difficult to be service-connected if you had a pre-existing condition that worsened while you were in military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide medical evidence from a professional that is "clear and undisputed".
Appealing an Denial
After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will examine the case. It usually issues a ruling that either approves or denies benefits. If the decision is not favorable the veteran is given one year to make a notice of disagreement. A veteran's disability attorney can help the claimant navigate through the three review options - the supplemental claim, or a higher-level review, or an direct appeal to the Board of veterans disability lawsuits' Appeals.
Consider whether the lawyer understands your military experiences and the culture of the armed services when choosing the New York veterans' disability lawyer. This will make the process more relaxed and reduce the need for you to explain your experience and the circumstances in layman's terms.
You should also choose a firm who will continue to work on your case throughout the entire appeals process of several years. Be wary of firms that assist you with the initial stages of your claim, and then go away.
A seasoned New York veterans disability law firms' disability attorney can assist you through every stage of your claim including appeals. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you in obtaining you benefits like assistance, monetary compensations and attendance benefits, education benefits, or unemployment.
Getting a Higher Rating
It could happen that your disability becomes worse or your symptoms get more severe. It makes sense in this scenario to ask for an increase in rating. A veteran disability lawyer can assist you in this process and help you collect evidence to support your claim.
It's not unusual for the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth contacting a professional to check your records for errors. They may have missed an injury or neglected to mention the issue that could be in conjunction with another disability to get a higher rating.
You may still submit a higher-level claim or review if you have been evaluated for more than a calendar year. These are a thorough examination of your file. It could result in an amendment to your effective date or an entirely new rating that's more accurate to what you truly feel.
It's also worth pursuing an additional claim or a more thorough review if you're trying to argue that you deserve a disability rating of 100 percent or higher. A disability lawyer can help create a compelling case for this rating that is reserved for the most serious disabilities. For instance, a mental health condition could qualify you for an absolute disability rating because it could cause significant interference with employment or frequent periods of hospitalization. These don't typically trigger this kind of a rating for a cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary what some believe the fact that the fact that a VA denial of disability benefits does not mean that the person isn't eligible to receive benefits. In fact, a former military member can wait one year from date the local veterans' hospital or office mails them a denial to file an appeal.
A skilled veteran disability lawyer can help a veteran decide which of the three ways to appeal is most suitable for their case. They can also assist with gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can give a veteran an extra formal hearing front of an Veterans Law judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim deserves. They will also have extensive experience managing VA disability claims, and are familiar with the rules and procedure completely. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans have to face. This can create a distinct type of empathy which can improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Contact us today to arrange an appointment for a free evaluation.
