Is Technology Making Veterans Disability Law Better Or Worse?
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to submitting an appeal of an appeal denied.
Choose a veteran disability attorney who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is established that your condition is directly related to your military service. This is referred to as a linkage. There are many types of evidence that you can prove this connection, including medical records as well as independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but aren’t able to get connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by impartial experts.
It is much easier to establish a direct service connection when illnesses or injuries occurred during your time in the military. If you’ve been injured while in the military and now suffer from headaches and concussions, it’s easier to prove a direct service connection.
However, it’s harder to get connected if you suffer from an existing medical condition that grew worse while you were in the military. To show that your time in service caused or aggravated a pre-existing condition, you’ll need to provide expert medical evidence that is “clear and undisputed”.
Appealing an Denial
After filing an application and submitting medical evidence, the VA will examine 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 Disparagement. A canandaigua veterans disability lawyer disability attorney can guide the claimant through the three review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans’ Appeals.
Take note of whether the lawyer is familiar with your military experience as well as the military’s culture when choosing the New York veterans’ disability lawyer. This can make things easier for you and reduce the requirement to explain your situation and experiences in layman’s language.
You should also find a firm who will remain on your case throughout the entire duration of your appeal. Be wary of firms that assist you in the initial stages of your claim and then go away.
An experienced New York indio veterans disability lawyer (https://Vimeo.com/709631106)’ disability attorney can assist you at every stage of your claim, including appeals. They can assist you in submitting more medical evidence, request an official hearing, and represent you at any Board sessions to ensure that your case will be dealt with without prejudice. They can also assist you to obtain benefits like monetary compensation, aid and attendance, educational benefits or unemployed benefits.
Achieving a Higher Rating
It could happen that your disability becomes worse or your symptoms are more severe. It makes sense in this situation to ask for 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 uncommon for the VA to make errors, which could result in a lower rating than you deserve. Whether they accidentally miss an injury that you suffer from or overlook a problem which could be linked to other disabilities to receive an improved rating, it’s worth having a professional look over your records to identify any errors.
You are still able to make a higher-level claim, or review if you’ve been assessed for more than a calendar year. These involve a full review of your file and can result in a change to your effective date or a new rating that’s more accurate to what you feel.
It’s also worth pursuing a supplemental claim or higher-level review if you’re trying to argue that you’re entitled to a disability grade of 100 percent or higher. A disability attorney can help you put together an argument that is convincing for this type of rating, that is reserved for those with difficult to treat disabilities. A mental health condition, for example, may allow you to receive a 100 percentage disability rating since it could affect your job or cause frequent hospitalizations that don’t normally trigger this level of a cardiovascular problem or other medical conditions.
Assistance with the Appeals Process
Contrary to what many believe contrary to what many may think, an VA denial of disability benefits doesn’t mean that an individual is in no position to claim benefits. Former service members have a year to appeal a decision that is not favorable.
An experienced lawyer for veterans can assist a veteran to determine which of the three current ways to appeal is most appropriate for their particular situation. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was not correct. They may also give a veteran a more formal hearing in front of a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have a wealth of experience in managing VA disability claims, and they are aware of the rules and procedure completely. In addition, some attorneys are fox lake veterans disability lawyer themselves, which means they understand the challenges that disabled veterans have to face. This can create a special kind of empathy that can sometimes improve the outcome of an appeal for veterans’ disability.
Sullivan & Kehoe’s team of highly-trained lawyers can review your VA disability claims free of charge to determine if we can help you. Call us today to schedule your complimentary evaluation.