7 Things About Veterans Disability Law You ll Kick Yourself For Not Knowing
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal against the denial of your claim.
Choose a veterans disability attorney who is specialized in handling these cases and knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it is proved that your condition is connected to your military service. This is referred to as a nexus. There are various types of evidence you can prove the connection, such as medical records or independent medical exams (IME) and nexus letters from current health professionals or therapists (especially for mental health issues). There are occasions when veterans have medically determinable 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 attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed by independent experts.
It is much easier to prove a direct service connection if injuries or illnesses occurred during your time in the military. If you have been injured in the military and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
However, it's more difficult to be connected if you suffer from a pre-existing medical condition that grew worse when you were in the military. In order to prove that your service worsened or aggravated an existing condition, you must supply expert medical evidence that rises to the level of "clear and unmistakable" evidence.
Appealing an Denial
The VA will review your case after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the applicant navigate the three decision review options which include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer Take into consideration whether they understand your military background and culture of the armed forces. This will make the process more relaxed and less requiring you to describe your experiences and the circumstances in layman's terms.
You want a firm who will be working on your case throughout the lengthy appeals procedure. Beware of firms that only assist you in the initial phases of your case and then vanish.
A seasoned New York veterans 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, file an official hearing, and also represent you in any Board meetings to ensure your case will be handled fairly. They can also assist you in obtaining you benefits like financial compensations, aid and education benefits, attendance benefits, or unemployment.
Achieving a Higher Rating
It may happen that your disability gets more severe or your symptoms become more severe. It is logical in this situation to ask for an increase in rating. A veterans disability lawyer can assist you in this process, and they can help you find evidence to back your request.
It's not unusual for the VA to make mistakes that lead to a lower disability rating than you deserve. It's worth contacting an expert to review your records for any errors. They might have missed an injury or omitted the issue that could be coupled with another disability to receive a higher rating.
You may still submit a higher-level claim or review if you've been assessed for more than a calendar year. This could include a thorough review of your entire file, which could result in modifications to the effective date of your claim and a new rating more accurate to your personal feelings.
If you think you're worthy of a rating of 100 percent, or higher, it's worth applying for a supplemental claim. A disability lawyer can help you develop an argument that is convincing for this type of rating which is reserved only for severe disabilities. For example mental health issues could qualify you for an absolute disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization that don't normally trigger such a rating for a cardiovascular disease or other medical problems.
Getting Help with the Appeals Process
Contrary to what many believe, an VA denial of disability benefits does not mean that the person is not eligible for benefits. In fact, a former military member has a year from the date that their local veterans hospital or office mails them a decision that is not favorable to appeal.
An experienced veterans disability lawyer can assist a veteran in determining which of the three ways to appeal is most appropriate for their particular situation. They can also assist veterans put the evidence together needed to convince a higher-level reviewer that their previous decision was not correct. They can even assist veterans with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They are also likely to have years of experience handling VA disability claims and understand the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a unique type of empathy that can sometimes improve the outcomes of a case involving a disabled veteran.
Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims for no cost to determine if we can help you. Contact us today for your free assessment.
