If You’ve Just Purchased Veterans Disability Law … Now What?

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to submitting an appeal of the denial of your claim.

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

Proving Service Connection

The VA will only offer disability benefits if it’s confirmed that your illness is related to your military service. This is called a linkage. There are different types of evidence you can prove this connection, such as medical records as well as independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.

It is much easier to establish a direct connection if injuries or illnesses occurred while you were in the military. If you suffered injuries in the military and now suffer from headaches or concussions, it’s easier to prove a direct service connection.

However, it is more difficult to get service connected if you suffer from an existing medical condition that became worse during your time in the military. In order to prove that your time in military service worsened or aggravated an existing condition You must present expert medical evidence that reaches the level of “clear and irrefutable” proof.

Appealing a denied application

The VA will review your application after you have submitted your application and provided medical evidence. It usually makes a decision which either approves or denies benefits. If the decision isn’t favorable, the veteran is given a year to file a notice of disagreement. A disability lawyer for veterans can assist the claimant in navigating the three options for review — the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans’ Appeals.

Make sure the lawyer is knowledgeable of your military experience and the tradition of the armed services when selecting a New York veterans’ disability lawyer. This will help you feel more comfortable and reduce the need for you to explain your experience and situations in layman’s terms.

You’ll want a firm that will take on your case throughout the long appeals process. Beware of companies that will only help you with the initial stages of your case, and then vanish.

A seasoned New York veterans’ disability lawyer can assist you in all phases of the claim including appeals. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also assist you in obtaining you benefits like monetary compensations, aid and attendance benefits, educational benefits, or even unemployment.

How to get a higher rating

It could be that your disability gets worse or your symptoms are more severe. It is logical in this instance to seek an increase in rating. A veterans disability lawyer can help with that process, and they can assist you in locating evidence to support your request.

It’s not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you deserve. It’s worth getting an expert to look over your records for errors. They may have overlooked an injury or left out the issue that could be coupled with another disability to earn a higher rating.

Even if it’s been more than one year since the initial rating decision, you can file an additional review or claim. This involves a thorough review of your file. It could result in changes to your effective date or an updated rating that is more accurate to how you really feel.

It’s also worth pursuing an additional claim or higher-level review if you believe you deserve a disability rating of 100 percent or more. A disability lawyer can help create a compelling case for this rating which is reserved for the most debilitating disabilities. A mental health problem for instance, might be a reason to get a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or other medical conditions.

Help with the Appeals Process

Contrary to what many believe contrary to what many may think, a VA denial of disability benefits does not mean that the person is in no position to claim benefits. Former veterans have one year to appeal a decision that is not favorable.

A skilled veterans disability attorney can assist a vet in determining which of the current three options for appeal would be best for his case. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer the previous decision was not right. They may even be able to provide mesquite veterans disability lawsuit with a formal hearing before a Veterans Law Judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim deserves. They will also have extensive experience in dealing with VA disability claims, and are familiar with the rules and procedure in detail. In addition, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can lead to a particular kind of empathy that could help in the resolution of the case of a disabled veteran.

Sullivan & Kehoe’s team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we can help you. Contact us today to schedule your free assessment.