Is Technology Making Veterans Disability Law Better Or Worse

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.

Choose a veteran disability attorney who specializes in these cases and is familiar with the VA system. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it can be confirmed that your illness is connected to your military service. This is known as a relationship. There are various types of evidence that you could prove the connection, such as medical records or independent medical exams (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but cannot be considered service connected due to missing or incomplete documents. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is confirmed by experts who are independent.

It is much easier to prove a direct connection if injuries or illnesses occurred while you served in the military. If you've been injured while in the military, and now suffer from headaches and concussions, it's much easier to prove a direct service connection.

However, it is more difficult to be connected if you have an existing medical condition that got worse while in the military. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence from an expert that is "clear and undeniable".

Appealing to a Denial

After submitting an application and providing medical evidence The VA will review the case. The VA will typically issue an opinion either approving or denial of benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three options for review -- an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience and the military's culture when choosing a New York veterans' disability lawyer. This will make it easier for you and decrease the requirement to explain your situation and experiences in layman's terms.

You also want a firm who will remain on your case throughout the entire duration of your appeal. Beware of firms that only assist you with the initial stages of your claim, and then go away.

An experienced New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing and assist you in any Board meetings so that your case is handled in a fair manner. They can also assist you in obtaining you benefits like cash compensations, aid or attendance benefits, education benefits, or even unemployment.

Receiving a Better Rating

There could be a point that your disability becomes more severe or your symptoms become more complicated or broad. In that case it's logical to seek a higher rating. A veteran disability lawyer can assist you with this process, and also help you collect evidence to support your claim.

It's not uncommon for the VA to make mistakes that result in an under-rated rating than you deserve. If they miss an injury or miss a condition which could be linked to other disabilities to get an increase in rating It's a good idea to have an expert review your records to identify any errors.

Even when it's been over one year since the initial rating decision, you still can file an additional review or claim. These can include a review of your entire record, which may result in changes to the effective date of your claim and a new rating more accurate to your personal feelings.

It's also worth seeking an additional claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or greater. A disability lawyer can help you make a convincing case for this rating which is only available for the most debilitating of disabilities. For example mental health issues might qualify you for an absolute disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that do not normally trigger this type of rating for cardiovascular disease or other medical problems.

Getting help with the Appeals Process

Despite what some think the denial of a disability claim by the VA is not the end of an individual's ability to collect benefits. Former military personnel have a year to appeal a decision that is not favorable.

An experienced veteran disability attorney can assist a veteran in determining which of the current three pathways for appeal would be the most appropriate for his situation. They can also assist veterans gather all the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even provide a veteran with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They also have a vast experience dealing with VA disability claims and know the rules and procedures in and out. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This creates an unique type of empathy that may help improve the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Call us today to schedule your free assessment.