5 Things That Everyone Doesn t Know Regarding Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.
Select a veteran disability attorney who specializes in these cases and is well-versed with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if they can prove that the condition you suffer from is linked to your military service. This is known as a linkage. You can make use of various types of evidence to prove this connection. These include medical records, independent health assessments (IME) or a nexus letter from current healthcare providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who know how to present an accurate claim and submit evidence that is confirmed by unbiased experts.
It is easier to prove a direct service connection when injuries or illnesses occurred while you were in the military. For example, if you suffered head injuries during service and now suffer from concussions and headaches, there is a clear link between these events and the current condition you are suffering from.
However, it is more difficult to get connected if you have an existing medical condition that got worse when you were in the military. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical proof. The VA will typically issue an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three review options that include an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer, be sure to consider whether they understand your military background and culture of the armed forces. This can make the process more enjoyable and eliminate the need for you to explain your experience and situations in plain language.
You want a firm who will handle your case throughout the lengthy appeals procedure. Beware of firms that only assist you in the initial stages of your claim and then disappear.
A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you win your benefits, like monetary compensation aid and attendance, education benefits, or unemployment benefits.
Earning a higher rating
There might come a time where your disability gets more severe or your symptoms become more complex or broader. In that case it's logical to seek an increase in your rating. A veteran disability lawyer can help you with this process and help gather evidence to back your claim.
It's not uncommon to see the VA make mistakes, which can result in being awarded a lower rating than what you deserve. If they miss an injury you've suffered or ignore a condition which could be linked to other disabilities to receive higher ratings It's a good idea to have a professional look over your records to identify any mistakes.
You are still able to file a higher-level claim or review if you've been assessed for more than a calendar year. These involve a full review of your file and can result in a change to your effective date or an updated rating that is more accurate to how you feel.
If you think you're worthy of an assessment of 100 percent, or higher, you should consider requesting a supplemental claim. A disability attorney can assist you in putting together an argument that supports this type of rating, which is reserved only for severe disabilities. A mental health issue, for example, may allow you to receive a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or other medical conditions.
Help with the Appeals Process
Contrary what some believe, an VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former veteran can wait one year from date that their local veterans hospital or office mails them a decision that is not favorable to file an appeal.
A skilled veteran disability lawyer can assist a veteran in determining which of the three pathways for appealing would be the best option for their situation. They can also help an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was not right. They can also provide a veteran with a more formal hearing in before an Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They are also likely to have a vast experience dealing with VA disability claims, and they know the rules and procedures in and out. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This can lead to a particular kind of empathy that can improve the outcome of an issue involving veterans' disability.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us today to set up your free evaluation.