10 Misconceptions That Your Boss May Have Concerning Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service evidence to submitting an appeal of the denial of your claim.

Choose a lawyer for veterans that is solely dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if they can prove that the condition is a result of your military service. This is known as a "nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the case of mental health conditions). There are times where veterans are diagnosed with medical disabilities, but they are not able to be service connected because of insufficient or missing records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.

It is simpler to establish a direct service connection when illnesses or injuries occurred while you served in the military. For instance, if you were hit in the head during your time in service and you are suffering headaches and concussions there is a strong connection between these events and your current health condition.

It is difficult to be service-connected if you had an existing condition that got worse during your military service. To prove that your time in military service worsened or aggravated a pre-existing illness it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" proof.

Appealing to a Denial

After submitting an application and submitting medical evidence, the VA will examine the case. It usually issues a ruling that either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disagreement. A disability attorney for veterans can help the claimant navigate through the three review options - the supplemental claim, or a higher-level review, or an 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 tradition of the armed services when selecting a New York veterans' disability lawyer. This can make it simpler for you and decrease the necessity to explain your circumstances and experiences in layman's language.

You also want a firm who will continue to work on your case throughout the entire appeals process of several years. Be wary of firms that only assist you with the first stages of your claim and then disappear.

An experienced 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, request an official hearing, and represent you in any Board meetings to ensure your case is handled in a fair and fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits or unemployability benefits.

How can I get a better rating

There may be a point that your disability becomes more severe, or your symptoms get more complex or broader. It is logical in this situation to ask for an increase in your rating. A veteran disability lawyer can assist you in this process and help you gather evidence to support your claim.

It's not common for the VA to make mistakes that lead to an under-reported disability rating than you deserve. It's worth contacting a professional to check your records for mistakes. They might have missed an injury or omitted any issue that could have been added to another disability to earn an improved rating.

Even the fact that it's been more one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These are a thorough examination of your file, and could result in an amendment to your effective date or an entirely new rating that's more in line with how you really feel.

If you believe you're entitled to an assessment of 100 percent, or higher, you should consider requesting a supplemental claim. A disability attorney can help you put together an argument that supports 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 could affect your job or result in frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or any other medical condition.

Need help with the Appeals Process

Contrary to what some may believe contrary to what many may think, an VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. Former military personnel have a year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals routes is best for their case. They can also help an individual vet put the evidence they need to convince a higher level reviewer that their previous decision was not correct. They may even be able to provide veterans with a more formal hearing before a veterans disability law firms Law Judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim deserves. They also have a lot of experience in handling VA disability claims, and are familiar with the rules and procedures completely. Additionally, some lawyers are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a distinct type of empathy that may enhance the outcome of a disability claim for veterans.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for free to determine if we can help you. Call us today to schedule your complimentary evaluation.