9 Signs That You re The Veterans Disability Law Expert
veterans disability lawsuits Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From assembling medical and service evidence to submitting an appeal of a denied claim.
Choose a veterans disability attorney who focuses their practice on handling these cases and is aware of the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be established that your condition is linked to your military experience. This is known as a relationship. You can use different types of evidence to prove this connection. These include medical records, independent health exams (IME) or a nexus letter from current healthcare providers (especially in the case of mental health problems). Sometimes, veterans suffer from 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 lawyers who know how to present a complete claim and submit evidence that is confirmed by unbiased experts.
It is much easier to prove direct service connection for injuries or illnesses that occurred while in the military. For instance, if received a head injury during your time in service and you are suffering headaches and concussions there is a strong connection between the events that led to your current health condition.
However, it is more difficult to get service connected if you have an existing medical condition that grew worse while you were in the military. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".
Appealing to a Denial
After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one year to make a formal complaint. A veterans disability attorney can assist the claimant through the three review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experience and military's culture. This can make it simpler for you and lessen the need to describe your experiences and experiences in layman's language.
You need a firm that will be working on your case throughout the multi-year appeals procedure. Beware of firms that only assist you with the initial phases of your case and then vanish.
A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also help you claim benefits like monetary compensation aid and attendance, education benefits or unemployability benefits.
Achieving a Higher Rating
It is possible that your disability becomes worse or your symptoms are more severe. In that case it is sensible to request an increase in your rating. A lawyer for veterans' disability can assist in that process, and can help you dig up evidence to justify your request.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you're entitled. In the event that they fail to notice an injury that you suffer from or miss a condition which could be linked to other disabilities to receive an increase in rating it's important to have an expert review your records to spot any mistakes.
You can still file a higher-level claim or review if you have been assessed for more than a calendar year. This could include a thorough review of your entire record, that could lead to modifications to your effective date as well as a new rating that is more corresponding to the feelings you have.
If you believe you're entitled to an assessment of 100 percent or higher, it's worth applying for a supplemental claim. A disability lawyer can help you put together an argument that supports this type of rating, which is reserved for very severe disabilities. A mental illness for instance, might make you eligible for a 100 percentage disability rating since it could hinder your employment or result in frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or any other medical condition.
Need help with the Appeals Process
Despite what some people may believe that denial of an application for disability benefits by the VA isn't the end of an individual's chances to get benefits. In fact, a former veteran can wait one year from date that the local veteran's hospital or office mails them a decision that is not favorable to appeal.
An experienced veterans disability attorney can assist a veteran in determining which of the three appeal options would be the most appropriate for his particular case. They can also help an individual vet put the evidence together needed to convince a higher level reviewer that their previous decision was wrong. They can even provide a veteran with a formal hearing before an Veterans Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim demands. They will also have extensive experience dealing with VA disability claims, and are familiar with the rules and procedures in detail. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can result in a unique kind of empathy that can sometimes improve the outcome of an issue involving veterans' disability.
Sullivan and Kehoe's team highly trained lawyers will review your VA disability claims for no cost to determine if we can assist you. Contact us today to arrange your free assessment.