7 Things About Veterans Disability Law You’ll Kick Yourself For Not Knowing
Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From assembling medical and service evidence to filing an appeal of a denied claim.
Choose a veteran disability attorney that is experienced in these 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 offer disability benefits if it is confirmed that your illness is directly related to your military service. This is known as a “nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a nexus letter from current health care providers (especially in the cases of mental health issues). There are occasions where veterans are diagnosed with medical disabilities, but are unable to be considered service-connected due to insufficient or missing documents. These cases require the help of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is backed by experts who are independent.
It is much easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. If you were injured in the military and you now suffer from headaches or concussions, it’s easier to prove a direct service connection.
It is a lot more difficult to become connected to a service if you have a pre-existing condition that worsened while you were in military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you’ll need to present medical evidence that is “clear and undisputed”.
Appealing a Denied Application
After submitting an application and providing medical evidence after which the VA will review the application. It usually issues a decision that either approves or denies benefits. If the decision isn’t favorable, the veteran is given a year to file a complaint. A veteran’s disability attorney can guide the claimant through the three decision review options: a supplemental claim or higher-level review, or a direct appeal before the Board of brentwood veterans disability attorney‘ Appeals.
When selecting a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and military’s culture. This will make the process more relaxed and less requiring you to talk about your experiences and situations in plain language.
You also want a firm who will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of companies that will only assist you with the initial stages of your claim and then vanish.
A seasoned New York wilmington veterans disability attorney disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist in obtaining you benefits like assistance, monetary compensations and education benefits, attendance benefits, or unemployability.
Receiving a Better Rating
There might come a time that your disability becomes more severe or your symptoms become more complicated or broad. It is logical in this instance to seek an increase in rating. A veteran disability lawyer can help you in this process and assist you to gather evidence to prove your claim.
It’s not unusual for the VA to make mistakes that result in being awarded a lower rating than what you deserve. If they miss an injury you have or ignore a condition which could be linked to other disabilities to earn an increase in rating It’s worthwhile to have an expert review your records to look for mistakes.
You may still make a higher-level claim, or review if you have been rated for more than a calendar year. These include a review of your entire record, which could result in modifications to your effective date and an updated rating that is more true to your personal feelings.
It’s also worth pursuing an additional claim or higher-level review if you believe you deserve a disability rating that is 100 percent or more. A disability lawyer can help you develop a convincing argument for this type of rating which is reserved for extremely serious disabilities. A mental illness, for example, may qualify you for a 100% rating of disability because it could affect your job or trigger frequent hospitalizations that do not normally trigger this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Despite what some think the denial of a disability claim by the VA isn’t the end of an individual’s chances to recover benefits. Former service members have a year to appeal a decision that is not favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the current three options for appeal is the best option for his particular situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that the previous decision was not right. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim deserves. They also have extensive experience handling VA disability claims and are aware of the rules and procedures from top to bottom. Additionally, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This can result in a unique type of empathy which can sometimes improve the outcome of a culpeper veterans disability lawyer‘ disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Call us today to schedule your free evaluation.