So You ve Bought Veterans Disability Law ... Now What
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you through the entire claims process.
Select a veteran disability lawyer who specializes in these cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you prove that the condition you have is a result of your military service. This is referred to as a nexus. There are a variety of evidence that you could prove the connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and present evidence that is backed up by experts who are independent.
It is easier to prove direct service connection for injuries or illnesses that occurred while in the military. If you have been injured during your military service and now suffer from headaches or concussions it is much easier to prove a direct service connection.
It is harder to get connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To prove that your service aggravated or made worse a pre-existing illness, you must supply expert medical evidence that is at the level of "clear and undeniable" evidence.
Appealing a denied application
After filing an application and submitting medical evidence, the VA will review the case. It usually issues a ruling that either approves or denies benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant in navigating the three options for review -- an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer Make sure you consider whether they understand your military background and traditions of the armed forces. This will make it easier for you and lessen the requirement to explain your situation and experiences in layman's terms.
You want a firm who will take on your case through the lengthy appeals procedure. Be wary about firms that assist you in the first stages of your claim, and then go away.
A seasoned New York veterans disability attorney will assist you with every stage of your claim including the appeals process. 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 to get your benefits, including monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
Achieving a Higher Rating
It is possible that your disability becomes worse or your symptoms get more severe. It is logical in this instance to seek an increase in the rating. A veterans disability lawyer can assist you in this process, and they can help you dig up evidence to prove your claim.
It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. Whether they accidentally miss an injury that you suffer from or miss a condition that could be linked with other disabilities to earn an increase in rating It's worthwhile to have an expert review your records to find any mistakes.
You can still file a higher-level claim and review if you have been rated for more than a calendar year. This includes a review of your entire record, which could result in modifications to your effective date as well as an updated rating that is more true to what you feel.
If you believe that you are entitled to an assessment of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability lawyer can help you build a strong case for this rating, which is reserved only for the most debilitating of disabilities. For instance, a mental health condition could qualify you for an absolute disability rating because it could cause significant disruption to your work or frequent periods of hospitalization that don't normally trigger such the rating for a heart condition or other medical problem.
Need help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, a VA denial of disability benefits does not mean that the person isn't eligible to receive benefits. In fact, a former servicemember can wait one year from date that the local veteran's hospital or office mails them a denial to appeal.
An experienced veterans disability lawyer can help a veteran decide which of the three pathways for appealing would be the best option for their situation. They can also help veterans in obtaining the evidence needed 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 Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim needs. They will also have extensive experience in managing VA disability claims, and they understand the rules and procedures completely. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This creates an unique type of empathy, which can enhance the outcome of a disability claim for veterans.
Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Call us today to schedule your complimentary evaluation.
