10 Things Everybody Hates About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service proof to submitting an appeal of a claim that has been denied.
Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition is related to your military service. This is known as a connection. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the case of mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed up by independent experts.
It is simpler to prove that there is a direct connection to your service for injuries or illnesses that occurred while in the military. For example, if you were hit in the head in the course of your service and suffer from concussions and headaches, there is a strong connection between those events and your current health condition.
It is a lot more difficult to become connected to the military if you suffered from an existing condition that deteriorated during your military service. In order to prove that your time in service has aggravated or worsened an existing condition you must provide a doctor's medical evidence that reaches the level of "clear and unmistakable" evidence.
Appealing to a Denial
The VA will review your case after you have submitted your application and provided medical proof. The VA will typically issue an approval or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disparagement. A veterans disability attorney can assist the claimant through the three review options - a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawsuits disability lawyer, be sure to consider whether they can understand your military experience and military's culture. This will make the process more enjoyable and less requiring you to explain your experience and circumstances in plain English.
You'll want a firm that will take on your case throughout the multi-year appeals procedure. Be wary about firms that help you with the initial phases of your case 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 assist you in submitting additional medical evidence, request an official hearing, and represent you in any Board meetings to ensure your case will be handled in a fair manner. They can also assist you in obtaining you benefits like monetary compensations, aid and attendance benefits, education benefits, or unemployment.
Achieving a Higher Rating
It is possible that your disability becomes worse or your symptoms become more severe. It makes sense in this situation to ask for an increase in your rating. A lawyer for veterans' disability can assist you in this process, and they can help you dig up evidence to justify your request.
It's not uncommon 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 errors. They may have overlooked an injury or omitted the issue that could be coupled with another disability to get an increase in rating.
You can still file a higher-level claim and review if you have been evaluated for more than a calendar year. These require a complete review of your file, and could result in changes to your effective date or an entirely new rating that's more accurate to what you really feel.
It's also worth looking into an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate of 100 percent or higher. A disability lawyer can help you create a compelling case for this rating that is reserved for the most debilitating of disabilities. For instance the mental health issue could qualify you for an absolute disability rating because it can cause marked interruption to work or periods of hospitalization. These don't normally trigger such the rating for a heart disease or other medical issue.
Assistance with the Appeals Process
Contrary to what some may think the denial of an appeal for disability by the VA is not the end of an individual's chance to recover benefits. Former service members have one year to appeal an outcome that is not favorable.
An experienced veterans disability attorney can assist a vet in determining which of the three pathways for appeal would be best for his particular case. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can even provide veterans with a more formal hearing before an Veterans Law Judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim requires. They also have a wealth of experience in managing VA disability claims, and they understand the rules and procedures in detail. In addition, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans face. This can create a distinct type of empathy which can help improve the outcome of a veterans' disability case.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine if we are able to assist you. Call us today to arrange your free assessment.