What You Should Be Focusing On Improving Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can help you throughout the entire claim process.

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

Proving Service Connection

The VA will only award disability benefits if it’s proved that your condition is connected to your military service. This is referred to as linkage. You can use a variety of evidence to prove the connection. These include medical records, independent health assessments (IME), or nexus letter from current health care providers (especially in the cases of mental health issues). There are times where toledo veterans disability attorney are diagnosed with medical disabilities, but they are not able to be considered to be service-connected due incomplete or omitted records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by unbiased experts.

It is much easier to prove that there is a direct connection to your service for illnesses or injuries which occurred while in the military. If you suffered injuries during your military service and now suffer from headaches or concussions it is much easier to prove a direct service connection.

It is a lot more difficult to become service-connected if you had an existing condition that got worse while you were in military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist health condition, you’ll have to present medical evidence from an expert that is “clear and undisputed”.

Appealing a Denied Application

After submitting an application and submitting medical evidence after which the VA will examine the case. It usually makes a decision that either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can guide the claimant through the three review options – the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans’ Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the traditions of the armed forces when selecting a New York veterans’ disability lawyer. This can make it simpler for you and lessen the need to explain your situations and experiences in layman’s.

You need a firm that will take on your case throughout the long appeals process. Be wary of firms that only assist you with the initial phases of your claim and then vanish.

A seasoned New York veterans’ disability attorney can assist you through every stage of your claim, including appeals. They can help you submit more medical evidence, ask for an official hearing, and also represent you at any Board meetings to ensure your case is handled without prejudice. They can also help you win your benefits, like monetary compensation, aid and attendance, education benefits or unemployment benefits.

How can I get a better rating

There might come a time where your disability gets more severe, or your symptoms get more complicated or broad. It is logical in this scenario to ask for an increase in the rating. A lawyer for veterans’ disability can help with that process, and can assist you in locating evidence to prove your claim.

It’s not unusual for the VA to make mistakes that lead to a lower disability rating than you deserve. It’s worth contacting an expert to review your records for errors. They may have overlooked an injury or omitted any issue that could have been added to another disability to get an improved rating.

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 file which can result in modifications to your effective date and an updated rating that is more true to what you feel.

If you believe you deserve an assessment of 100 percent, or more, it’s worth applying for a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating which is only available for the most severe of disabilities. For instance mental health issues could be a reason to get an 100% disability rating because it can cause marked interruption to work or periods of hospitalization. These don’t typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.

Getting Help with the Appeals Process

Contrary to what many 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 military personnel have a year to appeal any decision that isn’t favorable.

A skilled veterans disability attorney can assist a veteran in determining which of the three options for appeal is the best option for his particular case. They can also assist with gathering the evidence needed to convince a higher-level reviewer their previous decision was not correct. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they’ll give you the individual attention your claim deserves. They are also likely to have a vast experience dealing with VA disability claims and know the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans face. This can create a distinct type of empathy which can help improve the outcome of an issue involving veterans’ disability.

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