15 Presents For Your Veterans Disability Law Lover In Your Life
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can help you through the entire claims process.
Select a veteran disability attorney who is specialized in dealing with these cases, Veterans disability lawyers and who knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits only if you prove that the condition you have is linked to your military service. This is referred to as a nexus. There are various types of evidence you could prove the connection, such as medical records and independent medical examinations (IME) and letters from current health professionals or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to present a complete claim and present evidence that is backed up by unbiased experts.
It is easier to prove a direct connection when illnesses or injuries occurred while you served in the military. If you were injured in the military and you now suffer from headaches or concussions, it is easier to prove a direct service connection.
However, it's more difficult to be connected if you suffer from an existing medical condition that grew worse while in the military. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to provide expert medical evidence that is "clear and irrefutable".
Appealing an Denial
The VA will review your case after you have submitted your application and submitted medical evidence. The VA usually issues the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A veterans disability attorney can guide the claimant through the three decision review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and less demanding for you to talk about your experiences and situations in layman's terms.
You should also find a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of firms who only assist you in the initial phases of your claim and then disappear.
A seasoned New York veterans' disability attorney can help you with all stages of the claim and appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also help you obtain benefits like monetary compensation aid and attendance, education benefits or unemployability benefits.
Receiving a Better Rating
There could be a point when your disability becomes more serious or your symptoms become more difficult or wider. In that case, it makes sense to ask for an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to back your claim.
It's not uncommon to see the VA make mistakes, resulting in being awarded a lower rating than what you deserve. If they miss an injury you've suffered or ignore a condition which could be linked to other disabilities to get a higher rating, it's worth having an expert look over your records to look for errors.
Even when it's been over one year since you made your initial rating decision, you still can file an additional review or claim. These can include a review of your entire file that could lead to changes to your effective date as well as a new rating more accurate to your feelings.
If you believe you deserve an assessment of 100 percent, or more, it's worth making a claim for supplemental benefits. A disability lawyer can help you create an argument that supports this type of rating, that is reserved for those with debilitating disabilities. For example an illness that is mental could be a reason to get an 100% disability rating because it can cause a significant interruption to work or periods of hospitalization. These don't normally trigger such a rating for a cardiovascular condition or other medical problem.
Getting help with the Appeals Process
Contrary to what some may think that denying an application for disability benefits by the VA is not the end of an individual's chance to recover benefits. In fact, a former servicemember can wait one year from date the local veterans' hospital or office mails them a denial to file an appeal.
An experienced veterans disability attorney can assist a veteran in determining which of the three appeal options is the best option for his particular case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was not correct. They can also provide a veteran with an opportunity to have a formal hearing front of a veterans disability lawyers Law judge.
A New York veteran disability lawyer can give you the personalized attention your claim requires. They are also likely to have extensive experience dealing with VA disability claims, and they know the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This can create a special type of empathy which can help improve the outcome of an issue involving veterans' disability.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Contact us today to schedule your free evaluation.