14 Common Misconceptions About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claims process.

Choose a veteran disability lawyer that is solely dealing with these cases, and who knows the VA's system inside out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if it's proven that your condition is linked to your military experience. This is called a nexus. There are various types of evidence that you could prove this connection, including medical records as well as independent medical examinations (IME) and the nexus letters of current health professionals or therapists (especially for mental health issues). There are instances when veterans have medically determinable disabilities, but they are not able to be considered service-connected due to missing or incomplete records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and provide evidence backed by unbiased experts.

It is simpler to prove a direct service connection when injuries or illnesses occurred while you served in the military. For instance, if you suffered head injuries during service and now suffer from concussions and headaches, there is a clear link between those events and the current condition you are suffering from.

However, Veterans Disability Lawyer it's more difficult to get service connected if you have an existing medical condition that grew worse during your time in the military. In order to prove that your time in service worsened or aggravated an existing condition you must provide a doctor's medical evidence that rises to the level of "clear and undeniable" proof.

Appealing to a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. It usually issues a ruling that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant through the three possible review options that include an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer Take into consideration whether they understand your military background and army's culture. This can make it simpler for you and decrease the need to explain your situations and experiences in layman's.

You'll want a firm that will work on your case throughout the multi-year appeals process. Be wary of companies that assist you in the initial phases of your case and then go away.

An experienced New York veterans' disability attorney can assist you at all stages of the claim, including appeals. They can help you submit additional medical evidence, request an official hearing, and also represent you at any Board meetings so that your case will be handled without prejudice. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or unemployability.

Receiving a Better Rating

There could be a point when your disability becomes more serious or your symptoms become more complex or broader. It makes sense in this situation to ask for an increase in your rating. A veterans disability lawyer can assist you in this process, and they can assist you in finding evidence to justify your request.

It's not uncommon to see the VA to make errors, which could result in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury or overlook a problem that could be linked with other disabilities to earn an improved rating It's worthwhile to have an expert review your records to spot any mistakes.

You can still file a higher-level claim and review if you have been evaluated for more than a calendar year. These involve a full review of your file, and could result in the change of your effective date or an entirely new rating that's more in line with how you really feel.

It's also advisable to file an additional claim or a more thorough review if you're arguing that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can assist you to make a convincing case for this rating, which is reserved only for the most severe of disabilities. For example an illness that is mental might qualify you for 100% disability ratings because it can cause marked disturbance to your job or frequent periods of hospitalization that don't usually trigger this level of rating for cardiovascular condition or other medical problem.

Help with the Appeals Process

Despite what some think the denial of claims for disability by the VA is not the end of an individual's chances to receive benefits. In fact, a former veteran is given one year from the date that the local veteran's hospital or office sends them a decision that is not favorable to appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals options is the best option for their situation. They can also help veterans put all the evidence required to convince a higher level reviewer that their previous decision was wrong. They can provide a veteran an additional formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They will also have extensive experience managing VA disability claims, and are familiar with the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans have to face. This can create a distinct kind of empathy that could help in the resolution of a veterans' disability case.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to assist you. Contact us today to arrange your complimentary evaluation.