The Underrated Companies To Follow In The Veterans Disability Law Industry
veterans disability lawsuit Disability Lawyers
A veteran disability lawyer can assist you through the entire claims process. From assembling medical and veterans disability attorney service evidence to filing an appeal of a denied claim.
Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it's proven that your condition is related to your military service. This is known as a "nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health exams (IME), or an nexus note from current healthcare providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is confirmed by independent experts.
It is easier to prove direct service connection for illnesses or injuries which occurred while in the military. If you've been injured while in the military and now suffer from headaches or concussions, it's much easier to prove a direct service connection.
However, it's more difficult to get connected if you suffer from a pre-existing medical condition that grew worse while in the military. In order to prove that your time in service aggravated or made worse an existing illness you must provide a doctor's medical evidence that reaches the level of "clear and undeniable" evidence.
Appealing a denied application
The VA will review your application after you have submitted your application and provided medical proof. It usually makes a decision which either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can guide the claimant through the three review options: a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences and the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make the process more relaxed and reduce the need for you to explain your experience and circumstances in plain English.
You'll want a firm that will work on your case throughout the lengthy appeals procedure. Beware of companies that will only help you with the initial stages of your claim and then vanish.
A seasoned New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing, and also represent you in any Board meetings to ensure that your case will be dealt with without prejudice. They can also assist in obtaining you benefits like monetary compensations, aid and education benefits, attendance benefits, or unemployedness.
Earning a higher rating
It may happen that your disability becomes worse or your symptoms become more severe. It is logical in this case to request an increase in the rating. A lawyer for veterans' disability can assist you in this process, and assist you in locating evidence to justify your request.
It's not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. It's a good idea to hire an expert to look over your records for any errors. They might have missed an injury or omitted the issue that could be combined with another disability to earn an even higher rating.
You are still able to submit a higher-level claim or review if you have been assessed for more than a calendar year. This involves a thorough review of your file and can result in the change of your effective date or an updated rating that is more accurate to what you really feel.
If you believe you deserve an assessment of 100 percent, or higher, you should consider seeking a supplemental claim. A disability lawyer can assist you to build a strong case for this rating, which is reserved only for the most severe of disabilities. A mental health condition like this one, for instance, may be a reason to get a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations that don't normally trigger this level for a heart problem or other medical conditions.
Help with the Appeals Process
Contrary to what some may believe that denying claims for disability by the VA is not the end of an individual's chances to get benefits. Former service members have a year to appeal the decision if it is not favorable.
An experienced veterans disability attorney can help a vet determine which of the current three appeal options is the best option for his case. They can also help veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was wrong. They may also give a veteran an additional formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have extensive experience managing VA disability claims, and they know the rules and procedures inside and out. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This creates a unique type of empathy, which can improve the outcomes of a case involving 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 schedule your free assessment.
