Technology Is Making Veterans Disability Law Better Or Worse
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can help you through the entire claims process.
Select a veteran disability attorney that is experienced 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 grant disability benefits if you prove that the condition you suffer from is connected to your military service. This is called a nexus. There are many types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the case of mental health conditions). There are times where veterans are diagnosed with medical disabilities, but they cannot be considered service connected due to missing or incomplete records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed up by independent experts.
It is much easier to establish a direct service connection when injuries or illnesses were sustained while serving in the military. If you've been injured while in the military, and now suffer from headaches or concussions, it's easier to prove a direct service connection.
It is harder to get connected to a service if you have an existing condition that deteriorated during your military service. To show that your time in service aggravated or worsened a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".
Appealing a Denied Application
After submitting an application and submitting medical evidence The VA will review the application. The VA typically issues an approval or denial of benefits. If the decision is unfavorable the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans disability law firm can help the claimant navigate through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can make things easier for you to understand and reduce the need to explain your situations and experiences in layman's.
You'll want a firm that will work on your case throughout the long appeals procedure. Be wary of companies that help you with the initial phases of your case and then go away.
A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting 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 win your benefits, including monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How can I get a better rating
It may happen that your disability gets worse or your symptoms are more severe. It makes sense in this scenario to ask for an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you collect evidence to back 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. If they miss an injury you've suffered or ignore a condition that could be linked with other disabilities in order to get an increase in rating It's worthwhile to have an expert review your records to identify any mistakes.
You are still able to make a higher-level claim, or review if you have been given a rating for more than one calendar year. These include a review of your entire dossier, which may result in modifications to your effective date and a new rating that is more corresponding to what you feel.
It's also worth pursuing an additional claim or a more thorough review if you're arguing that you deserve a disability rating of 100 percent or more. An attorney for disability can assist you in putting together a convincing argument for this kind of rating, which is reserved for very severe disabilities. A mental health problem such as depression, for instance, could make you eligible for a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Despite what some people may believe that denial of a disability claim by the VA isn't the end of an individual's chances to recover benefits. In fact, a former servicemember can wait one year from date that their local veterans hospital or office sends them an unfavorable determination to file an appeal.
An experienced attorney for veterans can help a vet determine which of the three appeals options is the best option for his particular case. They can also help a vet in gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They can give a veteran a more formal hearing in before a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have extensive experience dealing with VA disability claims and know the rules and procedures in and out. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans. This can create a special kind of empathy that could help in the resolution 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 for your free assessment.
