Are You Getting The Most The Use Of Your Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Select a veteran disability attorney that is experienced in these cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits if you can prove that the condition you suffer from is linked to your military service. This is referred to as a connection. There are a variety of evidence you could prove this connection, such as medical records as well as independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is supported by experts who are independent.
It is much easier to establish a direct service connection when illnesses or injuries occurred while you served in the military. If you have been injured in the military, and now suffer from headaches or concussions, it is easier to prove a direct service connection.
It is a lot more difficult to become connected to a service if you have an existing medical condition that was worsened during your military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denied Application
The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA will usually issue an approval or denial of benefits. If the decision is not favorable, the veteran has a year to file a complaint. A veteran's disability attorney can help the claimant navigate through the three decision review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience as well as the military's culture when selecting a New York veterans disability lawsuit' disability lawyer. This can make things easier for you to understand and reduce the requirement to explain your situation and experiences in a layman's way.
You'll want a firm that will take on your case throughout the lengthy appeals process. Be wary of firms that assist you in the first phases of your case and then go away.
A seasoned New York veterans' disability attorney can assist you through all stages of the claim and appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist in obtaining you benefits, such as assistance, monetary compensations and attendance benefits, educational benefits, or even unemployment.
How do I obtain a higher rating
It may happen that your disability gets worse or your symptoms are more severe. It makes sense in this situation to ask for an increase in your rating. A lawyer for veterans can assist in that process, and can help you dig up evidence to support your request.
It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you deserve. If they overlook an injury that you suffer from or ignore a condition which could be linked to other disabilities to receive an improved rating It's worthwhile to have an expert review your records to identify any mistakes.
You may still make a higher-level claim, or review if you have been assessed for more than a calendar year. These are a thorough examination of your file. It could result in the change of your effective date or an updated rating that is more in line with how you truly feel.
If you think you're worthy of an assessment of 100 percent, or higher, it's worth seeking a supplemental claim. An attorney for disability can help you develop a compelling argument for this kind of rating, which is reserved for very debilitating disabilities. For example the mental health issue could be a reason to get an 100% disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization that do not normally trigger such an assessment for a cardiovascular disease or other medical problems.
Getting help with the Appeals Process
Despite what some people may think, the denial of an appeal for disability by the VA isn't the end of a person's chances to get benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the three options for appeal would be the most appropriate for his particular situation. They can also help with gathering the evidence required to convince a higher-level reviewer their prior decision was incorrect. They may also give a veteran an opportunity to have a 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 will also have extensive experience managing VA disability claims, and Veterans Disability Lawyers they understand the rules and procedures inside out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This creates an unique type of empathy that can sometimes help improve the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today to set up your complimentary evaluation.
