10 Beautiful Images To Inspire You About Veterans Disability Law
veterans disability lawsuits Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claim process.
Choose a veteran disability lawyer that specializes in these 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 you prove that the condition you have is connected to your military service. This is referred to as linkage. There are many types of evidence you can use to show this connection, including medical records as well as independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed by independent experts.
It is much easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.
However, it's more difficult to get service connected if you have an existing medical condition that got worse when you were in the military. To prove that your time in the military aggravated or worsened a pre-existing condition, you'll need to present medical evidence from an expert that is "clear and undeniable".
Appealing an Denial
After submitting an application and submitting medical evidence The VA will review the application. The VA will typically issue the decision of approving or disapproving benefits. If the decision is unfavorable the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can assist the applicant navigate the three review options which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing when choosing a New York veterans disability lawyer, be sure to consider whether they can understand your military experience and military's culture. This will make the process more relaxed and eliminate the need for you to explain your experiences and situations in layman's terms.
You want a firm who will handle your case throughout the lengthy appeals procedure. Beware of companies that will only help you with the initial phases of your claim and then vanish.
A seasoned New York veterans disability law firms' disability attorney can help you with all stages of the claim including appeals. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist in obtaining you benefits such as financial compensations, aid and education benefits, attendance benefits, or unemployedness.
Achieving a Higher Rating
There may come a time that your disability becomes more severe or your symptoms become more complex or broader. In this case it's logical to ask for an increase in your rating. A veteran disability lawyer can help you with this process and help collect 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. If they overlook an injury or ignore a condition that could be a combination of other disabilities to get an increase in rating It's a good idea to have an expert review your records to find any errors.
Even the fact that it's been more one year since you made your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These can include a review of your entire file, that could lead to modifications to the effective date of your claim and a new rating more accurate to your feelings.
It's also worth seeking an additional claim or a more thorough review if you are entitled to a disability rating of 100 percent or greater. A disability attorney can help you put together an argument that is convincing for this type of rating which is reserved for extremely debilitating disabilities. For instance, a mental health condition could qualify you for an absolute disability rating because it can cause marked interruption to work or periods of hospitalization that don't normally trigger this type of rating for cardiovascular disease or other medical issue.
Need Help with the Appeals Process
Contrary to what some believe, an VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. In fact, a former military member has a year from the date that the local veteran's hospital or office sends them a decision that is not favorable to appeal.
A skilled veterans disability lawyer can help a veteran decide which of the three pathways for appealing would be best for their case. They can also assist veterans put the evidence they need to convince a higher level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.
The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim needs. They are also likely to have a wealth of experience in handling VA disability claims and veterans disability law firms know the rules and procedures inside and out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates an unique type of empathy that may improve the outcomes of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us now to schedule your free evaluation.