This Is The Ultimate Guide To Veterans Disability Law

Veterans Disability Lawyers

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

Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition you are suffering from is connected to your military service. This is referred to as a nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health assessments (IME) or a an nexus note from current health care providers (especially in the cases of mental health issues). There are occasions where veterans are diagnosed with medical disabilities, but cannot be considered service-connected due to insufficient or missing documents. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and submit evidence that is backed by independent experts.

It is easier to establish a direct service connection if injuries or illnesses were sustained while serving in the military. For instance, if you received a head injury during your time in service and you are suffering headaches and concussions, there is a clear link 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. To prove that your service caused or aggravated a pre-existing condition, you will need to present medical evidence that is "clear and irrefutable".

Appealing a denied application

The VA will review your case after you have submitted your application and provided medical evidence. It usually issues a decision which either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A disability lawyer for veterans can assist the applicant navigate the three decision review options which include a supplemental claim, higher-level review or firms an appeal directly to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer, be sure to consider whether they can understand your military background and military's culture. This will make the process more enjoyable and less requiring you to explain your experiences and situations in layman's terms.

You need a firm that will handle your case throughout the long appeals process. Beware of firms that only assist you in the first stages of your case, only to then go away.

An experienced New York veterans' disability attorney can assist you at every stage of your claim and appeals. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to get your benefits, like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

How can I get a better rating

It could be that your disability gets worse or your symptoms become more severe. In such a case it's logical to ask for a higher rating. A veteran disability lawyer can help you in this process and help you collect evidence to back your claim.

It's not unusual for the VA to make errors, which could result in being awarded a lower rating than what you deserve. If they miss an injury that you suffer from or overlook a problem that could be a combination of other disabilities in order to get a higher rating, it's worth having an expert review your records to find any errors.

You are still able to 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 changes to your effective date or an updated rating that is more accurate to what you feel.

If you believe that you are entitled to an assessment of 100 percent, or more, it's worth seeking a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most severe of disabilities. For example an illness that is mental might qualify you for an absolute disability rating because it can cause marked interference with employment or frequent periods of hospitalization that do not normally trigger this type of a rating for a cardiovascular disease or other medical issue.

Getting Help with the Appeals Process

Despite what some people may think the denial of an appeal for disability by the VA isn't the end of an individual's chances to collect benefits. Former veterans have one year to appeal the decision if it is not favorable.

A skilled veterans disability lawyer can help a veteran decide which of the three current ways to appeal is best for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have extensive experience managing VA disability claims, and they are aware of the rules and procedures completely. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans disability attorneys have to face. This creates a unique kind of empathy that can make a difference in the outcome of a disability claim for veterans.

Sullivan and Kehoe's team highly trained lawyers will review your VA disability claim for free to determine whether we can assist you. Contact us today to schedule an evaluation for free.