15 Reasons Why You Shouldn t Be Ignoring Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can assist you throughout the entire claims process.
Choose a lawyer for veterans who is specialized in handling these cases and is aware of the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be confirmed that your illness is connected to your military service. This is called a relationship. There are different types of evidence that you can use to show this connection, including medical records and independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are times that veterans suffer from medically-determined disabilities, but they cannot be considered service connected due to incomplete or omitted records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed by independent experts.
It is simpler to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. For instance, if were struck in the head during service and now suffer from concussions and headaches, there is a clear connection between the two events and your current condition.
However, it is more difficult to be connected if you suffer from an existing medical condition that became worse during your time in the military. To prove that your service time has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three decision review options -- 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 Take into consideration whether they can understand your military experiences and the army's culture. This can make the process more relaxed and reduce the need for you to explain your experience and situations in plain language.
You need a firm that will handle your case throughout the lengthy appeals process. Be wary of firms that assist you in the initial phases of your case and then vanish.
An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit more medical evidence, file an official hearing, and also represent you in any Board meetings so that your case will be dealt with in a fair manner. They can also help you claim benefits such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
Receiving a Better Rating
It could happen that your disability becomes more severe or your symptoms become more severe. It is logical in this case to request a higher rating. A veterans disability lawyer can assist you in this procedure, and help you dig up evidence to justify your request.
It's not unusual for the VA to make mistakes that result in a lower disability rating than you deserve. It's recommended to consult an expert to review your records for any errors. They could have missed an injury or left out any issue that could have been coupled with another disability to receive a higher rating.
You can still submit a higher-level claim or review if you have been rated for more than a calendar year. These are a thorough examination of your file. It could result in the change of your effective date or an updated rating that is more accurate to how you feel.
If you believe you're entitled to a rating of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability lawyer can assist you to build a strong case for this rating, which is reserved only for the most severe of disabilities. For instance mental health issues might qualify you for a 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that do not typically trigger this kind of a rating for a cardiovascular condition or other medical problem.
Getting help with the Appeals Process
Contrary to what some may believe, an VA denial of disability benefits doesn't mean that a person is not eligible for benefits. Former service members have a year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most suitable for their case. They can also help a vet get all the evidence required to convince a higher level reviewer that their previous decision was not right. They can even provide veterans with a more formal hearing before an veterans disability lawsuit Law Judge.
A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have a wealth of experience managing VA disability claims, and are familiar with the rules and procedure inside out. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can result in a unique kind of empathy that can improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Call us today to arrange your complimentary evaluation.