14 Questions You Shouldn’t Be Insecure To Ask About Veterans Disability Law

richmond heights veterans disability attorney 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 a claim that has been denied.

Choose a veteran disability attorney that specializes in these types of cases and is familiar with the VA system. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition is a result of your military service. This is known as a nexus. There are various types of evidence you could use to show this connection, including medical records or independent medical exams (IME) and the nexus letters of current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but cannot get service connected due to missing or Vimeo.Com incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is backed by independent experts.

It is much easier to establish an immediate connection with your service to illnesses or injuries which occurred while in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it is easier to prove a direct service connection.

However, it is more difficult to be connected if you have an existing medical condition that grew worse when you were in the military. To prove that your time in service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that is at the level of “clear and undeniable” evidence.

Appealing an Denial

After submitting an application and providing medical evidence The VA will examine the case. The VA will usually issue an approval or denial of benefits. If the decision isn’t favorable, the veteran has a year to file a notice of disagreement. A veteran’s disability attorney can help the claimant navigate through the three review options – the supplemental claim, or a higher-level review, or a direct appeal before the Board of st petersburg veterans disability lawyer‘ Appeals.

Make sure the lawyer is knowledgeable of your military experience as well as the tradition of the armed services when choosing a New York veterans’ disability lawyer. This can make things easier for you and reduce the necessity to explain your circumstances and experiences in a layman’s way.

You should also find a firm who will continue to work on your case for the entire duration of your appeal. Beware of firms who only assist you with the initial stages of your claim and then disappear.

A seasoned New York veterans’ disability attorney can assist you at all phases of the claim, including appeals. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help win you benefits such as financial compensations, aid and attendance benefits, education benefits, or even unemployment.

Receiving a Better Rating

It could be that your disability gets worse or your symptoms become more severe. In this case it’s logical to seek an increase in your rating. A veteran disability lawyer can help you with this process and assist you to gather evidence to support your claim.

It’s not uncommon for the VA to make errors, which could result in an under-rated rating than you deserve. It’s a good idea to hire an expert to review your records for errors. They may have overlooked an injury or missed the issue that could be added to another condition to get an increase in rating.

You are still able to file a higher-level claim or review if you have been evaluated for more than a calendar year. This involves a thorough review of your file and can result in a change to your effective date or an entirely new rating that’s more accurate to what you feel.

It’s also worth pursuing an additional claim or a higher-level review if you’re entitled to a disability rate of 100 percent or greater. A disability lawyer can help you develop a convincing argument for this type of rating, that is reserved for those with severe disabilities. A mental health issue for instance, might make you eligible for a 100% rating of disability because it can interfere with employment or result in frequent hospitalizations that are not typically triggering this level for a heart problem or other medical conditions.

Need Help with the Appeals Process

Contrary what some believe the fact that contrary to what some may believe, a VA denial of disability benefits does not mean that an individual is in no position to claim benefits. Former service members have one year to appeal any decision that isn’t favorable.

An experienced lawyer for veterans can help a veteran determine which of the three pathways for appealing would be the best option for their situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer their prior decision was incorrect. They may also give a veteran an opportunity to have a formal hearing front of an Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim requires. They also have a lot of experience handling VA disability claims, and they understand the rules and procedures in detail. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates an unique type of empathy that may make a difference in the outcome of a veterans disability case.

Sullivan and Kehoe’s team highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Call us today to set up your complimentary evaluation.